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Patna High CourtCWJC/8895/2015disposed

Ganga Nand Singh 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.8895 of 2015 ===========================================================

1. Ganga Nand Singh, Son of Late Bhola Singh, R/o Kumhari, P.O. Durgangaj, Police Station - Kadwa, District - Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Secretary, Revenue and Land Reforms Department Government of Bihar, Patna.

3. The Divisional Commissioner, Purnia Division, Purnia.

4. The District Collector, Katihar.

5. The Sub-Divisional Officer Barsoi, District Katihar.

6. The Deputy Collector, Land Reform, Barsoi, District Katihar.

7. The Circle Officer, Kadwa, District Katihar.

8. Deenanath Jha, Son of Late Kharag Mohan Jha,

9. Ashok Jha, Son of Deenanath Jha,

10. Akhilesh Jha, Son of Deenanath Jha,

11. Rajesh Jha, Son of Deenanath Jha, Respondet Nos. 8 to 11 are resident of Village Kumhari, P.O. Durgaganj, Police Station -Kadwa, District - Katihar. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Jibendra Mishra, Adv. For the Respondent/s : Mr. Ashok Kumar Choudhary- AAG-13 =========================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT AND ORDER (Per: HONOURABLE MR. JUSTICE I. A. ANSARI) Date: 30-01-2016 Heard Mr.

Jibendra Mishra, learned Counsel, appearing on behalf of the petitioner, and Mr. Ashok Kumar Choudhary, learned Additional Advocate General-13, appearing on behalf of the State.

The grievance of the writ petitioner, made in this writ petition, under Article 226 of the Constitution of India, in the nature

Patna High Court CWJC No.8895 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, The Sub-Divisional Officer, Barsoi, District- Katihar, 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) K.C.jha/- U