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Patna High CourtCWJC/23879/2013disposed

Upendra Tiwari v. The State Of Bihar And ORS

2017-06-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23879 of 2013 ======================================================

1. Upendra Tiwari Son of Late Badri Tiwari Resident of Village- Arki, P.S.- Deo, District- Aurangabad (Bihar) .... .... Petitioner/s

Versus

1. The State of Bihar Through The Secretary Department of Revenue Government of Bihar, Patna

2. The District Magistrate District Aurangabad

3. The Officer Incharge, District Public Grievance Cell DistrictAurangabad

4. The Sub-Divisional Magistrate Aurangabad, District- Aurangabad

5. The Circle Officer, Block Deo, Aurangabad, District- Aurangabad

6. The Superintendent Of Police Aurangabad

7. The Sub-Divisional Police Officer, Aurangabad

8. The Officer Incharge, Deo Police Station, Aurangabad

9. Md. Akram Son Of Md. Sadik Miyan Village- Arki, P.O Arki , P.S.- Deo, District- Aurangabad .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Purushotam Sharma For the Respondent/s : Mr. Manikant Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-06-2017 Learned counsel for the petitioner seeks permission to withdraw this application in view of the specific averments made in paragraph 14 of the counter affidavit filed on behalf of the respondent nos. 2 and 5 to the effect that encroachment has been removed from the land in question. Paragraph 14 of the counter affidavit reads as follows:

"That it is further humbly submitted that now the encroachment in question has been removed by respondent no.9 and a written report has already been submitted by the petitioner and respondent

Patna High Court CWJC No.23879 of 2013 (2) dt.22-06-2017 2/2 no.9 on 5.3.2014 before the respondent no. 5 stating therein that the encroachment proceeding may be dropped as in encroachments in question has already been removed and, thereafter, the deponent has made an spot inspection along with Halka Karamchari and has found the encroachment removed which has further been confirmed by the local Sarpanch and the concerned ward member."

This application is, accordingly, dismissed as withdrawn.

(Dinesh Kumar Singh, J) Anil/- U