Binay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6608 of 2024 ====================================================== Binay Kumar Singh Son of Late Basant Prasad Mandal Resident of Village -Khankitta, Police Station - Sabour, District - Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Principal Secretary, Revenue and Land Reforms, Bihar, Patna. 3.

The District Magistrate, Bhagalpur.

4.

The Anchal Adhikari, Sabour, District - Bhagalpur. 5.

The S.H.O. Sabour Police Station, District - Bhagalpur. 6.

Shyama Devi Wife of Awadehesh Kumar deceased, Resident of Khankitta, Police Station - Sabour, District - Bhagalpur. 7.

Ashok Kumar Son of Late Sitaram Prasad Mandal Resident of Mohalla - Aliganj Maheshpur, Police Station - Mojahidpur, District - Bhagalpur. 8.

Superintendent of Police, Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Manoj Kumar, Adv.

For the Respondent/s :

Mr.Addl. Advocate General ( 12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-08-2024 The present writ petition has been filed seeking the following relief:- "1. That the instant writ application is being filed for issuance of an appropriate writ/writs, order/orders, direction/directions in the nature of writ of certiorari for quashing the letter No.586 dated 11.03.2024 issued by Anchal Adhikari Sabour to S.H.O. Sabour police station, directing therein to get the portion of tenanted premises of the petitioner vacated, falling in the share of Shyama Devi respondent no.6, who has got equal share in the property. The Anchal Adhikari,

Patna High Court CWJC No.6608 of 2024(3) dt.12-08-2024 2/2 Sabour, by passing such order, has exceeded its power and jurisdiction, not vested in it by law." 2.

At the outset, the learned counsel for the RespondentState submits, by referring to the counter affidavit filed on behalf of the District Magistrate, Bhagalpur that in response to the earlier order of this Court dated 11.7.2024, a Three Member Committee was constituted and upon enquiry, it has been found that the impugned order dated 11.3.2024 was issued by the Circle Officer, Sabour, on account of mistake, however, upon realizing his mistake, the Circle Officer, Sabour, has withdrawn the impugned order dated 11.3.2024.

3.

In view of the aforesaid, the learned counsel for the petitioner submits that now, the grievances of the petitioner has stood redressed, hence, the present writ petition be disposed off. 4.

Accordingly, the present writ petition stands disposed off, however, with a warning to the Circle Officer, Sabour, to be careful in future.

(Mohit Kumar Shah, J) Ajay/- U