Surendra Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14924 of 2017 ====================================================== Surendra Rai S/o Sri Sita Ram Ray, resident of Village- Banbira, BlockMorwa, P.S.- Tajpur, O.P.- Halai, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Land Revenue, Government of Bihar, Patna.

2.

The District Magistrate, Samastipur.

3.

The Additional Collector, Samastipur.

4.

The Sub- Divisional Officer, Samastipur.

5.

The D.C.L.R., Samastipur.

6.

The Circle Officer, Morwa, District- Samastipur. 7.

Shankar Rai.

8.

Bhola Rai.

Both Son of Late Pavitra Rai, resident of Village- Banbira, Block- Morwa, P.S.- Tajpur, O.P.- Halai, District- Samastipur.

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

For the Petitioner/s :

Mr.Binay Kumar, Advocate For the State :

Mr.Raj Kishore Roy -Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-04-2023 Though the present writ petition has been filed for removal of encroachment made over Government road situated over Khata No.232, Khesra No.38 (old), situated at VillageMorwa, District-Samastipur, however, the learned counsel for the respondent-State has submitted by referring to paragraph no. 14 of the counter affidavit, filed in the present case, that the encroachers have themselves removed encroachment in question on 09.10.2017, after the Circle Officer, Morwa had initiated

Patna High Court CWJC No.14924 of 2017(2) dt.21-04-2023 2/2 encroachment proceedings vide Encroachment Case No. 02/16-17.

In view of the aforesaid, the learned counsel for the petitioner submits that if that be the position, the petitioner is not having any subsisting grievance.

Accordingly, the writ petition stands dismissed. (Mohit Kumar Shah, J) kanchan/- U