Birendra Kumar Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19323 of 2014 ====================================================== Birendra Kumar Sinha Son of Late Mahavir Singh Resident of Village - Garihara, P.O. - Garihara, P.S. - Masaurhi, District - Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

District Magistrate, Patna 3.

The Sub-Divisional Officer, Masaurhi, Patna 4.

Circle Officer, Masaurhi, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Braj Kishore Singh, Advocate For the Respondent/s :

Mr. SC-18- N. Hoda Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-06-2025 Heard the parties.

2. The present petition has been preferred for the following relief(s):

"(I) For issuance of a writ of certiorari to quash the order dated 19.07.2014 passed by respondent S.D.O. Masaurhi ( Patna ) in Case No. 271/2014 U/S 144 whereunder ordered Cr.P.C. whereby and the respondent has that till the demarcation of govt. land the construction over Raiyati Land of petitioner be stayed. The respondent themselves admit in the order itself that the disputed land is Raiyati Land but even then they ordered for not any non Construction.

(II) For issuance of an appropriate writ to direct the respondent to fix a reasonable time to

Patna High Court CWJC No.19323 of 2014(2) dt.30-06-2025 2/2 Complete the demarcation if any failing which the petitioner is free to make Construction over the land situated in Tauzi No. 5882 Khata No. 215, Plot No. 951 Area 3 Khatta in Mauza Abdulla Nagar, Taregna Masaurhi Patna Tola Rahmatganj, The petitioner has purchased the land in 1977 and the land has been mutated in his favour and has been coming in peaceful possession over the Suit land the circle officer also got the land enquired into by circle Amin who submitted report that the land in question is Raiyati land but even they passed order for not any construction."

3. Learned counsel for the petitioner submits that with the passage of time, the case has become infructuous.

4. He as such prays that the same be disposed of.

5. Taking into account the aforesaid facts, the writ petition stands disposed of.

(Rajiv Roy, J) Adnan/- U