The Bauram Gram Vikash Samiti And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16223 of 2016 ===========================================================
1. The Bauram Gram Vikash Samiti, Bauram, P.S. Jamalpur, District: Darbhanga through it Secretary Irfan Ahmad, resident of village: Bauram, P.S. Jamalpur, District: Darbhanga
2. Irfan Ahmad, Son of Md. Abbas, resident of Village: Bauram, P.S. Jamalpur, District: Darbhanga .... .... Petitioners
Versus
1. The State of Bihar
2. The District Magistrate, Darbhanga
3. The Land Reform Deputy Collector, Biraul, Dharbhanga
4. The Sub-Divisional Officer, Darbhanga
5. The Circle Officer, Gaura Bauram Anchal, Darbhanga
6. Md. Mishkin, Son of late Jamir
7. Kaniza Khatoon, wife of Md. Rashid
8. Zakir Hussain, Son of Khuda Baksh
9. Md. Sajjad, Son of late Habibullah
10. Md. Moshafir, Son of late Imamuddin
11. Noor Mohamad Bangali, Son of Md. Liyakat Sah
12. Hamid Rain, son of late Nathu Rain
13. Md. Naim Akhtar, son of late Ashfak
14. Haroon Rain, Son of Khuda Baksh Rain
15. Mahmood Rain, Son of late Abdul Rahman
16. Md. Aauli Rain, Son of Gafoor Rain
17. Domani, wife of Nazir Rain
18. Md. Naseem, Son of Md. Naim
19. Md. Haroon Sah, Son of Idrish Sah
20. Abdul Rajjak
21. Phulo Rain Both sons of Imam Ali Rain Sl Nos. 6 to 21 all residents of Village: Bauram, P.S. Jamalpur, District: Darbhanga .... .... Respondents =========================================================== Appearance :
For the Petitioners : Mr. Sanjeev Kumar Shrivastava, 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. Sanjeev Kumar Shrivastava, learned counsel,
Patna High Court CWJC No.16223 of 2016 dt.03-10-2016 2/3 appearing on behalf of the petitioner, and Md. Naseem Mukhtar, learned Assistant Counsel to learned Additional Advocate General No.12, appearing on behalf of 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 removal of encroachment from survey Plot No. 911 (New) and 594 (old), of Village Bauram, Mohalla Faizabad, Thana- Jamalpur, District - Darbhanga, which is used as Public pond named as "Dhobiyahi Public Pond". 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.2, 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.2, namely,
Patna High Court CWJC No.16223 of 2016 dt.03-10-2016 3/3 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, 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 06.10.2016 Transmission Date NA