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Patna High CourtCWJC/12308/2015disposed

Chanda Devi v. The State Of Bihar And ORS

2016-02-04Mr. Justice Chakradhari Sharan Singh,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12308 of 2015 ===========================================================

1. Chanda Devi, wife of Arvind Kumar, Resident of village and P.O.- Babhan Toli, P.S.- Goraul, Prakhand- Goraul, District- Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Vaishali

3. The Sub Divisional Officer, Mahua, District- Vaishali

4. Deputy Collector, Land Reforms, Mahua, District- Vaishali

5. Anchal Adhikari, Goraul, Dist- Vaishali

6. Raj Ballabh Rai, son of Late Motilal Rai

7. Brijj Mohan Rai, son of Late Lakhan Rai

8. Chandra Mohan son of Late Lakhan Ray, Both resident of village and P.O.- Babhantoli, P.S. and Anchal- Goroul, District- Vaishali .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Mishra For the Respondent/s : Mr. Devendra Kr 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: 04-02-2016 Heard Mr. Ajay Kumar Mishra, 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 path/public road.

Patna High Court CWJC No.12308 of 2015 dt.04-02-2016 2/2 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 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.2, namely, District Magistrate, Vaishali, and respondent No.3, namely, Sub-Divisional Magistrate, Mahua, District Vaishali, 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