Indradeo Prasad And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20625 of 2014 ===========================================================
1. Indradeo Prasad Son of Late Ramdas Prasad
2. Kamlesh Prasad Yadav Son of Kapildeo Yadav
3. Subodh Kumar Son of Indal Yadav
4. Jag Narayan Thakur Son of Late Jagdish Thakur
5. Mritunjay Kumar Son of Late Shambhu Pathak
6. Manoj Kumar Son of Late Jitan Thakur
7. Mistar Alam Son of Amir Khalifa
8. Binod Prasad Chaurasiya, Son of Late Prasad Chaurasiya All resident of village - Dehuri, P.S. Goh, District - Aurangabad .... .... Petitioners
Versus
1. The State of Bihar
2. The Collector cum - District Magistrate, Aurangabad
3. The District Fisheries officer-Cum-Chief Executive Officer, Aurangabad
4. The Circle officer, Goh, District - Aurangabad .... .... Respondents =========================================================== Appearance :
For the Petitioners : Mr. Ashok Kumar No.6 For the Respondents: Mr. Shyam Kishore Sharma, GA-1 =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH JUDGMENT AND ORDER ORAL (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 30-01-2016 Heard Mr. Ashok Kumar No.6, learned counsel for the petitioners, and Mr. Shyam Kishore Sharma, learned GA-1, appearing for the State-respondents.
The grievance of the writ petitioners, made in this writ petition, under Article 226 of the Constitution of India, in the nature of Public Interest Litigation, relates to encroachment of public
Patna High Court CWJC No.20625 of 2014 dt.30-01-2016 2/2 path/public road.
Having regard to the facts pleaded in this writ petition, the materials on record and, having heard learned counsel for both the parties, we find that the subject matter of this writ petition is fully covered by the observations made, and the directions given by us in the order, dated 24.11.2015, passed in C.W.J.C.No. 4309 of 2015 (Sanjay Jha Vs. The State of Bihar and Others), reported in 2016
(1) PLJR 248.
In view of the above and in the interest of justice, it is hereby directed that respondent No.2, namely, Collector-cum-District Magistrate, Aurangabad and respondent No.3, namely, District Fisheries Officer cum Chief Executive Officer, Aurangabad, shall act, in the present matter, in accordance with law, keeping in view the observations made and the directions given in the order, dated 24.11.2015, aforementioned.
In view of the above, this writ petition is accordingly disposed of.
(I. A. Ansari, ACJ) (Chakradhari Sharan Singh, J) A.I./- U