Sanjay Yadav @ Sanjay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18807 of 2016 ====================================================== Sanjay Yadav @ Sanjay Kumar S/o Sri Rameshwar Yadav resident of Village - Gopalpur, P.S. - Bikram, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Patna.

3.

The Executive Engineer, Sone Canal Division, Khagaul, Patna. 4.

The Sub-Divisional Officer, Sone Canal Sub-Division, Bikram, Patna. 5.

The Circle Officer, Bikram, Patna.

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

For the Petitioner/s :

Mr.Ranjeet Choubey,Adv.

For the Respondent/s :

Mr.Md. Khurshid Alam,AAG-12 Mr.Ebadur Rahman Shakeb,AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-04-2023 Though the present writ petition has been filed for quashing the notice dated 26.10.2016, issued by the Circle Officer, Bikram, Patna in connection with Encroachment Case No. 11 of 2015-16, whereby and whereunder the petitioner and others have been directed to remove the encroachment made over the R.P.C.-V embankment, however the learned counsel for the respondent-State has filed a counter affidavit, wherein it has been stated that an encroachment proceeding vide Encroachment Case No. 11 of

Patna High Court CWJC No.18807 of 2016(2) dt.06-04-2023 2/2 2015-16 was initiated, in accordance with law, whereafter, the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 has been passed on 20.09.2016, declaring the petitioner and others to be encroachers, whereupon the encroachment in question, has also been fully removed from the land in question on 22.08.2017, hence it is submitted that nothing survives for consideration in the present writ petition.

Having regard to the facts and circumstances of the case, this Court deems it fit and proper to dispose off the present writ petition as having been rendered infructuous, while granting liberty to the petitioner to take recourse to such other alternative remedies, as are otherwise available under the law, for redressal of his subsisting grievances, if any.

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