Government School Hospital And Entire Land Bachao Sangharsh Sammittee v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20660 of 2014 ===========================================================

1. Government School Hospital and Entire Land Bachao Sangharsh Sammittee through its Co - ordinator, Anay Mehta S/o Sita Ram Mehta Resident of Mohalla - Kasba, Karimabad, P.S. Mehandiganj, Patna City, District - Patna .... .... Petitioner

Versus

1. The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna

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

3. The Divisional Commissioner, Patna Division, Patna

4. The District Magistrate, Patna

5. The Sub-Divisional Officer, Patna City, Patna

6. The Circle Officer, Patna Sadar, Patna

7. The Block Development Officer, Patna Sadar, Patna

8. The Commissioner, Patna Municipal Commissioner, Patna

9. The S.H.O., Mehandiganj, Patna City, Patna .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Santosh Kumar Singh For the Respondent/s : Mr. D.K. SINHA, AAG-2 =========================================================== 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. Santosh Kumar Singh, learned counsel for the petitioner, and Mr. D.K.Sinha, learned Additional Advocate General No. 2, 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

Patna High Court CWJC No.20660 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.4, namely, District Magistrate, Patna and respondent No.5, namely, Sub-Divisional Officer, Patna City, Patna, 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