Sunil Kumar Singh And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24741 of 2018 ====================================================== 1.

Sunil Kumar Singh and Anr Son of Late Tanik Singh 2.

Arbind Singh, son of Baua Singh. Both are resident of Village- Barauni, Ward No. 1, Police station - Teghra, Sub- Division- Teghra, Distt- Begusarai. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector, Begusarai.

3.

The Circle Officer, Block Teghra, Distt. - Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Kumar Sinha, Advocate For the State :

Mrs. Nutan Sahay, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-12-2025 Heard the parties.

2. The present petition has been preferred for the grant of following relief(s):

"for issuance of writ of mandamus commanding the respondent no.2 to dispose of the Jamabandi Cancellation Appeal No.12 of 2018 and Encroachment Appeal No. (not given) of 2018 filed on 24.11.2018 against the order of Circle Officer, Teghra dated 22.10.2018 in Encroachment Case No.01 of 2018-19 and be further pleased to direct the respondent no.3 not to dispossess the petitioners from the land in

Patna High Court CWJC No.24741 of 2018(2) dt.02-12-2025 2/3 dispute until disposal of the two appeals."

3. The State has filed counter affidavit after service of copy to the learned counsel for the petitioner on 30.11.2022 and there is no rebuttal to it. Paragraph no. 15 of the counter affidavit of respondent no. 2 and 3 shows that both the appeals which the petitioner wanted to be disposed of, which already disposed of on 04.02.2020.

4. Paragraph no. 6 and 15 of the aforesaid counter affidavit duly signed by the Circle Officer, Teghra (Begusarai) read as follows:

"6. That the so far reliefs as prayed in Para No. 1 of the writ petition is concerned, it is submitted that Jamabandi Cancellation Appeal Case No. 12/2018 and encroachment appeal case no. 1/2019 has been disposed of by the Collector, Begusarai vide order dated 04-022020.

15. That in reply of the statement made in Para No.-10 of the writ petition, it is submitted that the encroachment proceeding was initiated in view of the letter no.-409 dated 31.03.2018 of Executive Engineer, Road

Patna High Court CWJC No.24741 of 2018(2) dt.02-12-2025 3/3 Construction Department and order as passed by the Additional Collector in Jamabandi Cancellation Case No. 82/16-17 whereby Jamabandi has been cancelled with respect question."

5. In that background, nothing remains, taking into account the categorical statement of the revenue official that both the petitions which are part of the paragraph no.1 of the prayer stands disposed of, copy served upon the petitioner in the year 2022, not rebutted, accepting the said facts, the writ petition is disposed of.

(Rajiv Roy, J) vinayak/- U