Dilip Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20235 of 2016 ====================================================== Dilip Sharma son of Late Rup Lal Sharma, resident of Village- Baheri, P.S Baheri, District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The District Magistrate-cum-Collector, Darbhanga. 3.

The Sub-Divisional Officer, Darbhanga.

4.

The Civil Surgeon-cum-Chief Medical Officer, Darbanga. 5.

The Circle Office, Baheri, District- Darbhanga. 6.

The Incharge Medical Officer, Government Primary Health Centre, Baheri, District- Darbhanga.

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

For the Petitioner/s :

Mr.Vinay Mistry, Advocate For the Respondent/s :

Mr.Sajid Salim Khan-Sc25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-04-2023 At the outset, the learned counsel for the respondentState seeks to file a counter affidavit, which is taken on record. The present writ petition has been filed seeking the following relief:- "For issuance of a writ in the nature of Certiorari for quashing of the notice bearing Letter No.971 dated 6.9.2016 (ANNEXURE-4) issued by the Circle Officer, Baheri in Encroachment Case No.1 of 2014-15 whereby the petitioner has been directed to remove the encroached land appertaining to Khesra No.9574 measuring an area 00.12-8 (7 dhur) situated at village- Baheri, P.S. Baheri, District- Darbhanga failing which the

Patna High Court CWJC No.20235 of 2016(3) dt.27-04-2023 2/2 petitioner shall be punished under Section 188 Cr.P.C. as the house is built-up thereon since the year 2010."

The learned counsel for the respondent-State has referred to paragraph no.3 of the counter affidavit, filed before this Court today and has submitted that since the encroachment proceedings bearing Encroachment Case No.01 of 2014-15, initiated by the Circle Officer, Baheri, Darbhanga, had not been initiated, in accordance with law, the further proceedings of the same has been suspended.

In view of the aforesaid, the learned counsel for the petitioner submits that now the petitioner is not having any subsisting grievance, hence, the present writ petition be disposed off.

Accordingly, the writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) kanchan/Saurav U