Baijnath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5593 of 2020 ====================================================== 1.

Baijnath Yadav Son of Late Chain Yadav Resident of Village- Gopalpur, Police Station- Badharia, District- Siwan.

2.

Bhoj Yadav, Son of Rajpati Yadav, Resident of Village- Gopalpur, Police Station- Badharia, District- Siwan.

... ... Petitioners

Versus

1.

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

The Collector Siwan.

3.

The Additional Collector Siwan.

4.

The Circle Officer Badharia Block, District- Siwan. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar Sinha For the Respondent/s :

Mr.Subash Chandra Yadav (Gp15) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-09-2021 This matter has been taken up for hearing on-line because of COVID-19 Pandemic restrictions.

The petitioner approached this Court with a grievance that without passing an order under Section 6 of the Bihar Public Land Encroachment Act, a notice under Section 6(2) of the Act has been issued for removal of encroachment from a land, which, according to the Collector, is a public land within the meaning of the Act.

A counter affidavit has been filed on behalf of the State of Bihar, from which it appears that the said notice has been recalled and a fresh proceeding is proposed to be initiated

Patna High Court CWJC No.5593 of 2020(8) dt.17-09-2021 2/2 for removal of encroachment in accordance with law. Learned counsel for the petitioner agrees that in view of the subsequent development, this application has become infructuous.

This application is accordingly disposed of as having become infructuous.

Attendance of the District Magistrate, Siwan, who has joined the present proceeding pursuant to this Court's order, stands dispensed with.

(Chakradhari Sharan Singh, J) Pawan/- U