Ravindra Kumar & Ors vs The State Of Bihar & Ors on 19 September, 2016

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Patna High Court - Orders

Ravindra Kumar & Ors vs The State Of Bihar & Ors on 19 September, 2016

Bench: Anjana Mishra

   IN THE HIGH COURT OF JUDICATURE AT PATNA
              Civil Writ Jurisdiction Case No.10665 of 2016
======================================================
1. Ravindra Kumar Son of Late Sri Bhagwan Singh, resident of Ward No.
   14, Patel Tola, Bairagania, Nagar Panchayat Bairagania, P.S Bairagania
   District-Sitamarhi, Bihar.
2. Chandra Kishore Patel S/o Sri Ramashray Singh resident of Village-
   Muchachak, Post- Bhakarahar P.S. Bairagania, District- Sitamarhi,
   Bihar.
3. Md. Shammi, son of Late Mohd. Islam Resident of Ward no. 14, Shiv
   Nagar, Tola, Nagar Panchayat Bairagania, P.S Bairagania, District-
   Sitamarhi, Bihar.
4. Rama Paswan, Son of Late Ram Deo Paswan Resident of Village-
   Ashogi, Ward no. 8, Nagar Panchayat Bairagania, P.S Bairagania,
   District- Sitamarhi, Bihar.
5. Raj Kumar Singh son of Late Gudar Singh resident of Village-
   Muchachak, Post- Bhakurahar P.S. Bairagania, District- Sitamarhi,
   Bihar.

                                                         .... .... Petitioner/s
                                   Versus
1. The State of Bihar through its Chief Secretary, Patna.
2. The Principal Secretary, Department of Urban Development, Bihar,
    Patna.
3. The Principal Secretary, Department of Revenue and Land Reforms,
    Bihar, Patna.
4. The Principal Secretary, Department of Road and Transport, Bihar,
    Patna.
5. The Bihar State Road Development Corp Ltd. , Bihar, Patna.
6. The Principal Secretary, Public Works Department (P.W.D.) Bihar,
    Patna.
7. The Bihar State Road Development Corporation Limited, through its
    Managing Director/ Chairman, Patna.
8. The Zila Parishad Sitamarhi at Dumara through its Chairman.
9. Zila Parishad Sitamarhi at Dumara, District- Sitamarhi, Bihar through
    its Executive Officer,
10. Nagar Panchayat Bairaganiya Sitamarhi through its Chairman.
11. Nagar Panchayat Bairagania at Bairangania, Sitamarhi through its
    Executive officer
12. Divisional Commissioner, Muzaffarpur, Tirhut Division at Muzaffarpur,
    Bihar.
13. Collector / D.M. Sitamarhi at Dumra, District- Sitamarhi.
14. Sub- Divisional Officer Sitamarhi, Sadar at Dumara, District- Sitamarhi.
15. Deputy Collector Land Reforms Sitamarhi at Dumra, Sitamarhi.
16. Block Development Officer, Bairagania Block at Bairagania, District-
    Sitamarhi.
17. Circle Officer, Bairagania Circle at Bairagania, District- Sitamarhi.
18. Circle Inspector Bairagania Circle at Bairagania, District- Sitamarhi.
19. The Superintendent of Police, Sitamarhi at Dumra, District- Sitamarhi.
20. The Sub - Divisional Police Officer, Sitamarhi Sadar at Dumra, District-
    Sitamarhi.
21. The S.H.O. Bairaganaia Police Station, Bairagania
       Patna High Court CWJC No.10665 of 2016 (2) dt.19-09-2016

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                  22. Union of India through its Secretary, Ministry of Urban Development
                      and Infrastructure, New Delhi.
                  23. Central Road Research Institute, Delhi- Mathura Road, New Delhi-
                      110025, through its Director.
                  24. Bihar Urban Infrastructure Development Corporation Limited, Bihar,
                      Patna.
                  25. The Managing Director, Bihar Urban Infrastructure Development
                      Corporation Limited, Bihar, Patna.
                  26. The Secretary, Bihar Urban Planning and Development Board, Bihar,
                      Patna.

                                                                 .... .... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s :   Mr. Manoj Kumar Manoj, Advocate
                  For the Respondent/s   : Mr. Ashok Kr.Choudhary, AAG-13
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                             and
                             HONOURABLE JUSTICE SMT. ANJANA MISHRA
                  ORAL ORDER
                  (Per: HONOURABLE THE CHIEF JUSTICE)

2   19-09-2016

Heard Mr. Manoj Kumar Manoj, learned Counsel, appearing on behalf of the petitioners, and Mr. Ashok Kumar Choudhary, learned Additional Advocate General No.13, appearing on behalf of the State-respondents.

The grievance of the writ petitioners, made in this writ petition, under Article 226 of the Constitution of India, in the nature of Public Interest Litigation, relates to encroachment upon public land throughout the area of Nagar Panchayat Bairagania.

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 Patna High Court CWJC No.10665 of 2016 (2) dt.19-09-2016 3/3 (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.13, namely, the Collector, Sitamarhi, 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.

Let a copy of this order be made available to the learned Counsel for the petitioner for being transmitted to the Collector, Sitamarhi.

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





                                                                           (I.A. Ansari,CJ)


    Mkr./-                                                               (Anjana Mishra, J)

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Patna High Court - Orders