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Patna High CourtCWJC/4991/2015disposed

Pramod Kumar Singh And ORS v. The State Of Bihar And ORS

2016-01-30Mr. Justice Chakradhari Sharan Singh,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4991 of 2015 ===========================================================

1. Pramod Kumar Singh, son of Ram Khabar Singh

2. Nand Kishore Roy, son of late Ram Sudist Roy

3. Krishna Kumar, son of late Rajgir Roy

4. Rahul Ranjan, son of late Kashinath Gupta All residents of village and Post Basti Jalal Police- station Dighwara, District Chapra .... .... Petitioners

Versus

1. The State of Bihar

2. The Chief Secretary, Bihar, Patna.

3. The Principal Secretary, Rural Development Department, Government of Bihar, Patna.

4. The Commissioner, Saran Division, Chapra.

5. The District Magistrate, Saran

6. Deputy Development Commissioner, Saran, Chapra

7. The Subdivisional Officer, Sonepur, Saran

8. Ajay Kumar Sinha, Circle officer, Dighwara (Saran)

9. Bipin Kumar Singh son of Vivekanand singh, Mukhiya Jalal Panchyat, village and post Basti Jalal, Police-station Dighwara, District Saran .... .... Respondents =========================================================== Appearance :

For the Petitioners : Mr. Arun Kumar Singh For the Respondents: Mr. P.N.Shahi, AAG-10 =========================================================== 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. Arun Kumar Singh, learned counsel for the petitioners, and Mr. P.N.Shahi, learned Additional Advocate General No. 10, 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

Patna High Court CWJC No.4991 of 2015 dt.30-01-2016 2/2 of Public Interest Litigation, relates to encroachment of public 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.5, namely, District Magistrate, Saran and respondent No.7, namely, Sub-Divisional Officer, Sonepur, Saran, 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