Keshav Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2366 of 2017 ====================================================== Keshav Mishra Son of Late Bishwa Mohan Mishra, resident of VillageNaraipur, P.O. and P.S.- Bagaha, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Chief Secretary, Government of Bihar, Patna. 3.

The Principal Secretary, Revenue Department, Government of Bihar, Patna. 4.

The Collector cum District Magistrate, West Champaran. 5.

The Circle Officer, Bagaha, P.O. and P.S.- Bagaha, District- West Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ganpati Trivedi, Sr. Adv.

Mr. Madan Mohan, Adv.

Mr. Ritik Shah, Adv.

Mr. Saurav Suman, Adv.

For the State :

Mr. Navnit Kumar, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-12-2024 Though the present writ petition has been filed for taking legal action against the Respondents No. 4 and 5 and construct the boundary wall of the petitioner, which has been illegally demolished, however, the learned counsel for the Respondent-State has submitted, by referring to paragraph no. 13 of the counter affidavit filed in the present case that as per the records, neither any encroachment proceedings were ever initiated by the Circle Officer, Bagaha-II, nor the boundary wall of the petitioner was ever demolished, hence, the present writ petition is bereft of any merit.

Patna High Court CWJC No.2366 of 2017(5) dt.19-12-2024 2/2 2.

This Court finds that the aforesaid stand taken by the Respondents in their counter affidavit has not been rebutted by the petitioner, inasmuch as no rejoinder affidavit has been filed, hence, I deem it fit and proper to dispose off the present writ petition, however, with liberty to the petitioner to avail such other alternative remedies as are otherwise available under the law in case of any subsisting grievances.

(Mohit Kumar Shah, J) Ajay/- U