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Patna High CourtCWJC/4567/2016disposed

Manik Chand Singh v. The State Of Bihar And ORS

2016-09-19Justice Smt. Anjana Mishra,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4567 of 2016 ======================================================

1. Manik Chand Singh, Son of Late Swaroop Singh, Resident of Village: Akawdha, P.S. Daudnagar, District: Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar through the Commissioner,

2. The District Magistrate, Aurangabad.

3. The Sub-Divisional Officer, Aurangabad.

4. The Circle Officer, Obra, District- Aurangabad. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Sinha, Adv. For the Respondent/s : Mr. Partha Sarthi, GA-11. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-09-2016 Heard Mr. Anil Kumar Sinha, learned Counsel, appearing on behalf of the petitioner, and Mr. Partha Sarthi, learned Government Advocate No.11, 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 upon public land.

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

Patna High Court CWJC No.4567 of 2016 (2) dt.19-09-2016 2/2 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 District Magistrate, Aurangabad, 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.

Let a copy of this order be made available to the learned Counsel for the petitioner for being transmitted to the District Magistrate, Aurangabad.

Let also a copy of this order be sent by FAX to the District Magistrate, Aurangabad.

In view of the above, this writ petition is accordingly disposed of.

(I.A. Ansari,CJ) (Anjana Mishra, J) K.C.jha/- U