Suryamukhi Lok Seva Ashram v. The State Of Bihar And ORS

Patna High Court CWJC No.2468 of 2016 (3) dt.20-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2468 of 2016 ======================================================

1. Suryamukhi Lok Seva Ashram, At + P.O- Kushahar District- Sheohar (Reg. No 805.2012-13) through its President Surendra Prasad Singh Son of Late Ram Awatar Singh, resident of Village- Kushahar, Police StationTariyani, District- Sheohar. .... .... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary Home Department, Government of Bihar, Patna.

3. The District Magistrate, Sheohar, District- Sheohar.

4. The Sub-Divisional Officer, Sheohar, District- Sheohar.

5. The Circle Officer, Circle Office, Sheohar.

6. The Block Development Officer, Block Development office, Sheohar.

7. The Mukhiya Gram Panchayat Khusahar Circle Office, Sheohar, DistrictSheohar. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Respondent/s : Mr. Jai Shankar Barnawal, GA 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-09-2016 Heard Mr. Anil Kumar, learned Counsel for the petitioner, and Mr. Jai Shankar Barnawal, learned GA 5, appearing for the State-respondents.

The grievance of the writ petitioner, 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 path/public road.

Having regard to the facts pleaded in this writ petition,

Patna High Court CWJC No.2468 of 2016 (3) dt.20-09-2016 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 case of 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.3, namely, District Magistrate, Sheohar, District Sheohar, and respondent No.4, namely, SubDivisional Officer, Sheohar, District Sheohar, 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,CJ) (Anjana Mishra, J) A.I./- U