Shambhu Nath Choubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5415 of 2021 ====================================================== Shambhu Nath Choubey Son Of Late Ramdahin Choubey @ Rajeshwar Nath Choubey, Resident Of Village- Khajhara, P.S- Mohaniya, District- Kaimur. At Present Advocate, High Court, Patna, Residing At Flat No. 402-B, Ram Nath Apartment, I.A.S. Colony, Kidwaipuri, Patna, P.S.- Kotwali, District- Patna. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms department, Government of Bihar, Patna 2.

District Magistrate, Kaimur at Bhabhua 3.

District Project Officer cum District Welfare Officer, Kaimur at Bhabhua 4.

Executive Engineer, Local Area Engineering Organisation, Work Division, Kaimur (Bhabhua) 5.

Anchal Adhikari (Circle Officer) Mohaniya Anchal, District- Kaimur ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Lal, Advocate For the Respondent/s :

Mr. AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-08-2024 Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents. 2.

The present writ petition has been filed for restraining the respondents from Constructing Community Hall (Samudayeek Bhawan) and works shed on the land of the petitioner bearing Chak No. 6, which included Plot No. 9, Area 57 decimal of village- Khajhara under Mohaniya Anchal of the District of Kaimur.

3.

Learned counsel for the petitioner submits that petitioner has come to know that respondent no. 2 has ordered to

Patna High Court CWJC No.5415 of 2021(4) dt.12-08-2024 2/2 construct a Community Hall (Samudayik Bhawan) and work shed in Plot No. 9, which included the land of Chak No. 6 of the petitioner in village Khajhara of Mohaniya Anchal of the District of Kaimur and accordingly a letter dated 16.09.2020 was issued to the respondent no. 4 for this purpose. 4.

Learned counsel for the petitioner has filed a reply to the counter-affidavit in which he has categorically stated that the entire matter has been changed and now the State respondent has changed the site of the Community Hall and work shed in Plot No. 1201 of Khata No. 221, Area 12 decimal in Panchayat Dandwas and the respondent no. 5 has also given no objection for the construction of Community Hall on the aforesaid land. 5.

In view of the latest developments, learned counsel for the petitioner seeks permission to dispose of the present writ petition.

6.

Permission, as prayed for, is accorded.

7.

Accordingly, the writ petition stands disposed of. 8.

State respondent is directed to remove the materials from the land of the petitioner.

(Rajesh Kumar Verma, J) Shahnawaz/- U