Deepak Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.113 of 2022 In Civil Writ Jurisdiction Case No.10692 of 2021 ====================================================== Deepak Kumar Rai, Son of Late Surendra Rai Resident of Village-Rajapur, P.O. and P.S. Gopalpur, District-Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through the principal Secretary, Department of Health, Bihar, Patna.

2.

Sri Pratyaya Amrit, The Principal Secretary, Department of Health, Government of Bihar, Secretariat, Patna.

3.

Dr. Yogendra Mahto, The Civil Surgeon, Gopalganj 4.

Dr. Shyam Sundar Kumar The Medical Officer, Primary Health Centre, Kuchaikot.

5.

Dr. Nawal Kishore Choudhary The Collector, Gopalganj. 6.

Sri Ujjawal Choubey, The Circle Officer, Kuchaikot Anchal, Kuchaikot, District-Gopalganj 7.

Satish Rai Son of Late Chandrama rai Resident of Village-Rajapur, P.O. and P.S.-Gopalpur, District-Gopalganj.

8.

Vinay Rai Son of Late Bamsah Rai Resident of Village-Rajapur, P.O. and P.S.-Gopalpur, District-Gopalganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Koshalendra Rai, Advocate For the Opposite Party/s :

Mr.Rajeshwar Singh, GA-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 23-11-2023 The present MJC is filed for non-compliance of the orders of this Court dated 10.08.2021 passed in C.W.J.C. No. 10692 of 2021.

2. The official respondents have undertaken exercise

Patna High Court MJC No.113 of 2022(5) dt.23-11-2023 2/2 insofar as removal of encroachment. In the process of removal of encroachment, the concerned official has cancelled the Jamabandi on 18.03.2023. Grievance of the concerned parties was stated to have been rejected in the Jamabandi cancellation proceedings, thereafter, it is reliable that affected party has preferred Appeal and the Appeal is pending for consideration before the Appellate Authority.

3. Taking note of these facts and circumstances, the present MJC stands dropped reserving liberty to the petitioner to file Interlocutory Application for revival of this order, in the event of disposal of such appeal.

4. Accordingly, the present MJC stands disposed of. (P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) manish/- U