Birendra Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7835 of 2016 ====================================================== Birendra Yadav Son of Sri Ramji Yadav, aged about 33 Years, resident of Vilage Pachrukhiya Tola, PS Barharia, Dist Siwan Bihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The District Collector, Siwan.

3.

The Superintendent of Police, Siwan.

4.

The Sub Divisional Officer , Siwan. null null 5.

The Circle Officer, Barharia, siwan.

6.

Sudarshan Yadav Son of late Gurudyal Yadav 7.

Smt. Mani Yadav W/o late Mukhtar Yadav 8.

Gautam Yadav Son of Late Deo Yadav 9.

Oasihar Yadav Son of late Nathuni Yadav 10.

Kapildeo Yadav S/o Late Raushan Yadav 11.

Baban Yadav Son of late Keshwar Yadav; All Resp NO. 6 to 11 resident of Village Pachrukhiya tola, P.SAnchalPrakhand Barharia, Distt Siwan Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gautam Kumar Yadav, Advocate For the Respondent/s :

Mr.Kumar Pankaj, AC to SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-10-2024

1. Though the present writ petition has been filed for removing the encroachment from the road, situated at Mauza Barharia Tola, Panchrukhiya in Thana No.319, Survey No.4239, which has been encroached by the Respondents No.6 to 11, inasmuch as the final order has already been passed by the Circle Officer, Barharia, District-Siwan, in connection with Encroachment Case No.06 of 2014-15, however, at the outset, it has been pointed out by the learned counsel for the respondent-

Patna High Court CWJC No.7835 of 2016(4) dt.03-10-2024 2/2 State by referring to the counter affidavit, filed in the present case that the encroachment in question has already been stood removed, hence the present writ petition has been rendered infructuous.

2. This Court finds that the aforesaid aspect of the matter has not been controverted by the petitioner inasmuch as no rejoinder affidavit has been filed, hence I deem it fit and proper to dispose off the present writ petition, however, with liberty to the petitioner to approach the respondents, in case of any subsisting grievances.

(Mohit Kumar Shah, J) Saurav/- U