Sukhdeo Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8981 of 2017 ====================================================== Sukhdeo Sharma son of Late Ram Prasad Sharma Resident of VillageBhagarwa, P.O.-Ratanmala, P.S.-Majhaulia, District-West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through Collector, District-West Champaran. 2.

The Sub-Divisional Officer, Bettiah, West Champaran. 3.

The Anchaladhikari, Anchal-Manjhaulia, District-West Champaran. 4.

The Anchal Amin, Anchal-Majhaulia, District-West Champaran. 5.

Satya Narayan Sah son of Baidhnath Sah, 6.

Yogendra Sah son of Late Jata Sah, 7.

Dhoda Sah son of Late Chandrika sah, 8.

Nathuni Sah son of late Botu Sah, Sl. No. 5 to 8, all Resident of VillageBhagarwa, P.O.-Ratanmala, P.S.-Majhaulia, District-West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Respondent/s :

Mr.Ebadur Rahman Shakeb,AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-04-2023 The present writ petition has been filed seeking the following relief:- "1.a) For issuance of appropriate writ/order/direction in the nature of Mandamus for commanding the respondent Anchaladhkari, Anchal Majhaulia, District- West Champaran, to initiate encroachment removal proceeding from the public land, which have been encroached by the private respondents by making hut upon the

Patna High Court CWJC No.8981 of 2017(2) dt.18-04-2023 2/3 public road.

b) For issuance of appropriate writ / order / directions in the nature of Mandamus, for commanding the respondent authorities to remove the encroachment which is Gair Majarua Aam Rasta land, and only way of the petitioner to go out-side his home, as well as people of the locality, upon which the petitioner as well as people of the locality gave application to remove the encroachment, encroached by the respondent no. 5 to 8."

At the outset, the learned counsel for the respondent-State has submitted that the Circle Officer, Majhaulia, District-West Champaran, had initiated encroachment proceedings vide Encroachment Case No.24 of 2017-18, whereafter he had passed the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, and then the encroachment in question, has already been removed on 26.12.2019.

The learned counsel for the petitioner submits that if the encroachment in question, has stood removed, then the petitioner is not having

Patna High Court CWJC No.8981 of 2017(2) dt.18-04-2023 3/3 any subsisting grievances, hence, the present writ petition be disposed off.

Accordingly, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/SonalU