Ajay Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16665 of 2016 =========================================================== Ajay Paswan, Son of Sri Mahavir Ram, Resident of Mohalla: R.S. Tank (Rai Saheb Pokhar), Police Station: Bahadurpur, District- Darbhanga. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Chief Secretary, Govt. of Bihar, Patna.

3. The Director General of Police, Bihar, Patna.

4. The Principal Secretary, Urban Development Department, Govt. of Bihar, Patna.

5. The Commissioner, Darbhanga Division, Darbhanga.

6. The District Magistrate, Darbhanga.

7. The Senior Superintendent of Police, Darbhanga.

8. The City Superintendent of Police, Darbhanga.

9. The Sub- Divisional Officer, Darbhanga.

10. The Deputy Superintendent of Police, Sadar, Darbhanga.

11. The Circle Officer, Bahadurpur, Darbhanga.

12. The Officer-in- Charge, Bahadurpur Police Station, Darbhanga. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Prafull Chandra Jha, Advocate For the State : MD. Naseem Mukhtar, A.C. to AAG12 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 03-10-2016 Heard Mr. Prafull Chandra Jha, learned Counsel, appearing on behalf of the petitioner, and Md. Naseem Mukhtar, learned Assistant Counsel to learned Additional Advocate General

Patna High Court CWJC No.16665 of 2016 dt.03-10-2016 2/3 No.12, appearing on behalf of the State-respondents. The grievance of the writ petitioner, in this writ petition, made under Article 226 of the Constitution of India, in the nature of Public Interest Litigation, relates to removal of encroachment from the entire main Roads/Parks/Flanks/ Middle School of Ward No. 45, Anchal and P.S. Bahadurpur, District Darbhanga. 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.6, namely, the Collector, Darbhanga, 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.

The petitioner may furnish to respondent No.6, namely, District Magistrate, Darbhanga, a copy of this writ petition along with annexures thereto and also a certified copy of this order. In view of the above, this writ petition is accordingly,

Patna High Court CWJC No.16665 of 2016 dt.03-10-2016 3/3 disposed of.

Let a copy of this order be sent by FAX to the Collector, Darbhanga.

(I. A. Ansari, CJ) (Dr. Ravi Ranjan, J) Spd/-/ Sanjay AFR/NAFR NAFR CAV DATE NA Uploading Date 07.10.2016 Transmission Date NA