Sri Dharmendra Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4739 of 2020 ====================================================== Sri Dharmendra Prasad Singh S/o Sri Shivpujan Rai, resident of Vill-Bela, P.S.-Bihta, Distt.-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

District Magistrate, Patna.

3.

D.C.L.R. Danapur, Distt.-Patna.

4.

Circle Officer, Bihta, Distt.-Patna.

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

For the Petitioner/s :

Mr.Kameshwar Singh, Adv.

For the Respondent/s :

Mr.Md.Khurshid Alam (AAG-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-11-2024

1. At the outset, the learned counsel for the respondent State seeks to file a counter affidavit, copy whereof has already been filed online. Let the same be kept on record.

2. The present writ petition has been filed for quashing the notice dated 02.09.2019, issued by the Circle Officer, Bihta, District-Patna i.e. the respondent no.4, in connection with Encroachment Case No.4 of 2018-19 as also for staying the order dated 02.09.2019, passed in Encroachment Case No.10 of 2019-20.

3. At the outset, the learned counsel for the respondent State has referred to the counter affidavit filed in the present case to submit that the Circle Officer, Bihta,

Patna High Court CWJC No.4739 of 2020(4) dt.25-11-2024 2/2 District-Patna had got the measurement conducted through the Circle Amin again and upon measurement, it has been found that there is no encroachment over the land in question and the temporary encroachment has already stood removed, hence the respondents do not propose to take any further action at the moment, nonetheless, it has been further stated that in case the petitioner is so aggrieved by the final order passed by the Circle Officer, Bihta, District-Patna, in connection with Encroachment Case No.4 of 2018-19 and 10 of 2019-20, he may file appropriate appeal.

4. At this juncture, the learned counsel for the petitioner submits that in case the respondents are not seeking to take any action at the moment, as has been submitted by the learned counsel for the respondent State, the petitioner has got no grievance at the moment. Thus, it is submitted that the present writ petition be disposed off.

5. Accordingly, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) sonal/- U