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Patna High CourtCWJC/12050/2014dismissed

Jagdish Bhagat v. The State Of Bihar And ORS

2015-07-13Justice Smt. Anjana Mishra,The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12050 of 2014 =========================================================== Jagdish Bhagat, son of Late Biltu Bhagat, resident of village - Panapur, P.S. Menapur, District - Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar, through Principal Secretary revenue and Land Reforms Department, Govt. of Bihar, Patna

2. The District Magistrate cum Collector, Muzaffarpur

3. The Deputy Collector, Land Reforms, East Muzaffarpur, Muzaffarpur

4. The Sub - Divisional Officer, East, Muzaffarpur

5. The Circle officer of Menapur Block, P.S. Menapur, District - Muzaffarpur

6. Officer - in - Charge of Menapur Police Station, block - Menapur, Muzaffarpur ... .... Respondent 1st Set.

7. Ram Swaroop Thakur, son of Late Bathu Thakur

8. Sri Narayan Prasad, son of Nandu Bhagat

9. Sunil Prasad, son of SRi Krishna Prasad

10. Bhagya Narayan Bhagat, son of Ramhit Bhagat

11. Rajnarayan Bhagat, son of Late Ramchandra Bhagat

12. Ramanand Prasad, son of Jyoti Narayan Prasad

13. Balendar Sah son of Sita Ram Sah

14. Ram Nath Sah son of Jawaharlal Sah

15. Nand Kishore Sahu son of Narayan Sahu

16. Jhagru Bhagat son of Late Mahavir Bhagat

17. Radhey Shyam Prasad son of Horil Bhagat

18. Prabhu Sah son of Bharkhan Sah

19. Nathuni Sah son of Kapusan Sah @ Lakhan Sah

20. Ram Ashish Bhagat son of Bhabhiddan Bhagat

21. Manoj Prasad son of Mahendra Bhagat

22. Baidhnath Bhagat son of Late Kulhai Bhagat

23. Fuldeo Chaudhary son of Satya Deo Chaudhary

24. Bindeshwar Bhagat son of Ram Sewak Bhagat

25. Hafijil Miya son of Akbar Miya

26. Pramod Prasad son of Triveni Bhagat

27. Umesh Goswami son of Bhagwanlal Goswami

28. Jagarnath Giri son of unknown

29. Mitthu Thakur son of Bindeshwar Thakur Respondent nos. 7 to 29 are Shopkeeper on land of Khatiyan No. 1231, Khesra No. 3975 ( Govt. land of Panchayat Raj Panapur ), of village Panapur, P.S. Menapur, O.P. Nariyar, District - Muzaffarpur .... .... Respondents 2nd Set.

=========================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar, Advocate For the Respondent/s : Mr. Anis Akhtar, A.C. to G.A.-1 For the private respondents : Mr. Arun Kumar, Advocate ======================================================

Patna High Court CWJC No.12050 of 2014 dt.13-07-2015 2/3 CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 13-07-2015 This writ petition is filed by way of public interest litigation complaining that though large scale encroachments have taken place over the Government land in Khata no.1231, Khesra No.3975 of Panapur village, Muzaffarpur district, the District Magistrate and other officials did not take any step. The writ petition was listed before us for admission on 05.01.2015. Certain directions were issued, and thereafter at one stage, we expressed our displeasure about the indifference exhibited by the District Magistrate.

In March, 2015, a counter affidavit was filed by the respondent no.2 stating that the encroachments have since been removed after issuing notice to the concerned persons. Photographs depicting the eviction are also filed. Heard learned counsel for the petitioner and learned counsel for the respondents.

Concern of the petitioner is about the encroachment of Government land by some of the respondents shown in the writ petition. Obviously because of the initiative taken by the petitioner, encroachments have since been removed. Nothing

Patna High Court CWJC No.12050 of 2014 dt.13-07-2015 3/3 remains to be decided in the writ petition.

Accordingly, the writ petition is closed.

Interlocutory application, if any, shall stand disposed of. There shall be no order as to costs. (L. Narasimha Reddy, CJ) (Anjana Mishra, J) Sunil/- U