Birendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11542 of 2021 ====================================================== Birendra Kumar Singh resident of Village- Pakri, P.O.- Punpun, P.S.- Punpun, District- Patna, Bihar, Pin- 804453.

... ... Petitioner/s

Versus

1.

The State of Bihar represented through Chief Secretary, Bihar, Patna. 2.

The Principal Secretary, Department of Revenue and Land Reforms, Patna, Bihar.

3.

The Collector, District- Patna.

4.

The Senior Superintendent of Police, District- Patna. 5.

The Deputy Collector Land Reform, Masaurhi District- Patna. 6.

The Sub- Divisional Officer, Masaurhi, District- Patna. 7.

The Circle Officer, Punpun Circle, District- Patna. 8.

The Block Development Officer, Punpun Block, District- Patna. 9.

The Station House Officer, Punpun, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar, Advocate Mr. Rupesh Kumar, Advocate For the Respondent/s :

Mr. Pawan Kumar, AC to AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) 14-09-2021 Petitioner has prayed for the following relief(s): "For issuance of writ/writs, direction/directions to the respondents not to construct boundary wall covering under the survey plot No.-141 under Thana No.-59 Khata No.- 57 Area 33 dismil at Mauza- Pakri P.s-Punpun District- Patna which is recorded as Pyne (Nahar) in survey Khatiyan as well

Patna High Court CWJC No.11542 of 2021(4) dt.14-09-2021 2/2 as on spot also and also direct the respondents not to construct any house on western portion over said plot No.-141 which will cause obstruction of in smooth functioning of vehicles and said plot is being used as Pyne (Nahar) to discharge the waste water of four hundred houses at Mohalla - Pakri P.sPunpun District- Patna which will cause water logging in the Mohalla AND/OR pass such other order or orders as your lordship may deem fit and proper."

Shri Pawan Kumar, learned counsel for the State, under instruction from the concerned B.D.O. and C.O., Respondent No. 7 and 8, states that the proposal for constructing the boundary wall has been withdrawn, resultantly, there would be no obstruction of free flow of water to the drain. Statement accepted and taken on record.

In view of the same, we find the present petition to have become infructuous and is accordingly disposed of, reserving liberty to the petitioner to agitate the surviving issues before the appropriate authority, if so required and desired. Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- U