Parvez Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3937 of 2025 ====================================================== Parvez Alam Son of Late Abdul Wahid, Resident of Village - Gazipur (Ibrahimpur), Post Office - Gazipur, Police Station - Tarapur, District - Munger, Bihar - 813321.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna 2.

The Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna 3.

The Commissioner, Munger Division, Munger.

4.

The Collector, Munger 5.

The Additional Collector, Munger 6.

The Sub-Divisional Officer, Tarapur, Munger 7.

The Circle Officer, Tarapur, Munger.

8.

Md. Asif Alam son of Late Jamaluddin resident of Village-Gazipur (Ibrahimpur), Police Station-Tarapur, District-Munger, Bihar-813321. 9.

Md. Mobarak son of Late Jamaluddin resident of Village-Gazipur (Ibrahimpur), Police Station-Tarapur, District-Munger, Bihar-813321. 10.

Manowar Alam son of Late Jamaluddin resident of Village-Gazipur (Ibrahimpur), Police Station-Tarapur, District-Munger, Bihar-813321. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pratik Kumar Sinha, Advocate For the Respondent/s :

Mr. AC to GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-03-2025 Heard learned counsel for the petitioner and learned AC to GP-27 for the State.

2. Learned counsel appearing on behalf of the petitioner submits that in sum and substance, the instant writ application has been filed seeking a direction upon the Circle Officer, Tarapur, Munger (respondent no. 7) to conclude Encroachment Case No. 04 of 2012-13 which has been filed at

Patna High Court CWJC No.3937 of 2025(2) dt.20-03-2025 2/3 the instance of the petitioner appertaining to a public land bearing Khata No. 198, Plot No. 39, area 18 decimals, Tauzi No. 6267 at village Gazipur under Thana No. 191, district Munger within a time frame.

3. Learned counsel appearing on behalf of the State submits that the State will have no issue, if the writ application is disposed of with a direction to the respondent no. 7 to conclude Encroachment Case No. 04 of 2012-13 within a time frame but then it is submitted that Encroachment Case No. 04 of 2012-13 was instituted in the year 2012 and the petitioner has moved this Court in the year 2025 seeking disposal of encroachment case i.e. after a delay of more than 10 years which casts an aspersion on the relief sought by the petitioner. It is further submitted that delay defeats equity but then fairly submits that the petitioner still can move before the authority competent for redressal of his grievance as raised in the instant writ application.

4. At this stage, learned counsel appearing on behalf of the petitioner seeks permission to withdraw the instant writ application with liberty to move before the authority competent for seeking redressal of his grievance as raised in the instant writ application.

Patna High Court CWJC No.3937 of 2025(2) dt.20-03-2025 3/3

5. Permission is accorded.

6. Accordingly, the writ application is dismissed as withdrawn.

(Satyavrat Verma, J) Kundan/- U