Rajeshwar Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5403 of 2014 ====================================================== Rajeshwar Ram S/O Late Ram Janam Ram R/O Village P.O.- Dhamar, P.S.- Ara Muffasil, District- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar Govt. of Bihar, Patna 2.

The Collector, Bhojpur 3.

The Sub-Divisional Magistrate, Sadar Ara, Bhojpur 4.

The Circle Officer, Sadar Ara, Bhojpur 5.

The S.H.O., P.S. Muffasil, Bhojpur 6.

Shivji Ram S/O Late Devi Dayal Ram R/O Village P.O.- Dhamar, P.S.- Ara Muffasil, District- Bhojpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Radha Mohan Pathak, Advocate For the Respondent/s :

Mr.Avinash Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-07-2023 1.

The present writ petition has been filed seeking the following reliefs:- "1. That this application is being filed for issuance of an appropriate writ / order / direction to Respondents specially the respondents no. 5 and 6 to comply the order passed by the respondent no. 4 vide his order bearing memo no. 1596 dated 22.05.2013, whereby the respondent no. 4 the S.D.O., Sadar Ara has ordered to remove the obstruction raised by

Patna High Court CWJC No.5403 of 2014(4) dt.18-07-2023 2/3 the respondent no. 7 on public road which pertain in the land of plot no.

480 bearing Khesra No. 2121 measuring 3 feets wide and 33 feets long.

1/A. That the petitioner further prays for issuance of an appropriate writ / order / direction for payment of Rs. 23700 against the expenses incurred by the petitioner for arrangement of vehicle and labourers for removable of obstruction on three different dates i.e. 11.12.2013, 18.12.2013 and 30.01.2014 which have been fixed by the respondent no. 5 in pursuance to comply the above said order of respondent no. 4, but not complied the order even after communication for the same."

2.

At the outset, the learned counsel appearing for the respondent-State has referred to the counter affidavit filed in the present case on behalf of the respondents no. 2 to 4 wherein it has been stated that the encroachment made by the private respondent no. 6 upon Khesra No. 2121, to

Patna High Court CWJC No.5403 of 2014(4) dt.18-07-2023 3/3 the extent of 3 feet x 33 feet has already been removed on 24.03.2012.

3.

In view of the aforesaid, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty to approach the respondent authorities in case of any subsisting grievances. Liberty so sought is granted. 4.

The writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U