Subh Narayan Pandit v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14042 of 2013 ====================================================== Subh Narayan Pandit Son Of Chandra Deo Pandit Resident Of Village - Tandaspur, P.S. - Mohammadpur, District - Gopalganj ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector Of District Gopalganj 3.

The Sub-Divisional Officer, Gopalganj, Sub Division Of Gopalganj, District - Gopalganj 4.

The Circle Officer Sidhwalia Block Of Gopalganj, District 5.

Mukhdeo Rai Son Of Late Harihar Rai Resident Of Village - Tandaspur, P.S. - Mohammadpur, District - Gopalganj 6.

Wakil Rai Son Of Late Harihar Rai Resident Of Village - Tandaspur, P.S. - Mohammadpur, District - Gopalganj 7.

Brahmdeo Rai Son Of Late Harihar Rai Resident Of Village - Tandaspur, P.S. - Mohammadpur, District - Gopalganj 8.

Bhagwan Pandit Son Of Suman Pandit Resident Of Village - Tandaspur, P.S. - Mohammadpur, District - Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam For the Respondent/s :

NONE ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-01-2023 Heard learned Counsel for the petitioner.

The petitioner has filed the present writ application with a grievance that the encroachment upon the public road, situate in plot no. 333, falling within Tandaspur village in the district of Gopalganj has been done by some private persons, i.e. respondent nos. 5 to 8, for which Encroachment Misc. Case No. 01 of 2003 was initiated and is pending before the Circle Officer, Sidhwalia.

Patna High Court CWJC No.14042 of 2013(2) dt.02-01-2023 2/2 No one appears on behalf of the State.

However, a counter affidavit has been filed on behalf of the respondents, in which it is stated that the encroachment from the road in question has already been removed and there is no obstacle upon the same. In support of the statement, report of the Circle Officer, Sidhwalia (Annexure-c) has been annexed. In view of the aforesaid statement made by the State in its counter affidavit, no further order is required to be passed by this Court.

This application is, accordingly, dismissed.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √