Mahant Narayan Goswami v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15427 of 2014 ====================================================== Mahant Narayan Goswami S/o Late Mahant Rameshwar Goswami, Kabir Panthi Math, Resident of Village- Ghiwani, P.O.- Parasa, P.S.- Hathauri, District- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary Govt. of Bihar, Patna. 2.

The Inspector General of Police, Darbhanga Range, Darbhanga 3.

The Deputy Inspector General of Police, Darbhanga Range, Darbhanga 4.

The Collector cum District Magistrate, Samastipur 5.

The Superintendent of Police, Samastipur 6.

The Sub-Divisional Officer, Rosera, Samastipur 7.

The Circle Officer, Shivaji Nagar, Samastipur 8.

The Officer-in-charge, O.P. Shivaji Nagar, Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhimanyu Vatsa,Adv.

For the Respondent/s :

Mr.Manoj Kumar,AC to GP-24 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2023 The present writ petition has been filed seeking the following relief:- "1.That this is an application praying for issuance of a writ in the nature of a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to assess the amount to be deposited for the purpose of deployment of police force, in the light of the letter no.174/ Sa Sha dated 01.03.2014

Patna High Court CWJC No.15427 of 2014(2) dt.28-02-2023 2/3 issued by the Superintendent of Police, Samastipur, for removal of leftover debris of the illegal constructions from the land of the petitioner and further to allow the petitioner to deposit the said cost so that the Police Force may be deployed, to enable the petitioner to cultivate his land."

At the outset, the learned counsel for the respondent-State has pointed out, by referring to the counter affidavit filed in the present case, that the left over debris has already been removed from the land of the petitioner, hence, nothing survives for consideration in the present writ petition. The learned counsel for the petitioner fairly submits that he has no instruction regarding the present position, however, he be granted liberty to agitate his subsisting grievances, if any, in accordance with law.

Having regard to the facts and circumstances of the case and taking note of the statement made by the learned counsel for the respondent-State, I deem it fit and proper to dispose off the present

Patna High Court CWJC No.15427 of 2014(2) dt.28-02-2023 3/3 writ petition, however, with a direction to the Superintendent of Police, Samastipur, to ensure that in case, there is any left over debris over the land of the petitioner, in question, the same shall be removed within a period of two weeks from today, failing which he shall not draw his salary. (Mohit Kumar Shah, J) S.Sb/SonalU