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Patna High CourtCWJC/18479/2016disposed

Rajendra Prasad v. The State Of Bihar And ORS

2019-08-30Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18479 of 2016 ====================================================== Rajendra Prasad Son of late Ram Prasad Sao, Resident of Mohalla-Gaighat South lane, P.O.-Guljarbagh, P.S.-Alamganj, District-Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Road Construction Department, Patna.

2.

Chief Engineer, Ganga Bridge Project, Road Construction Department, Government of Bihar, Patna 3.

Executive Engineer, Ganga Bridge Project, Division, Guljarbagh, Patna 4.

Assistant Engineer, Ganga Bridge Project, Sub-Division-, Guljarbagh, Patna 5.

Sub-Divisional Officer, Ganga Bridge Project, Division no-11, Guljarbagh, Patna 6.

Sub-Divisional Magistrate, Patna City, District-Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan, Adv.

Mrs. Bela Singh, Adv.

For the Respondent/s :

Mr.Chitranjan Sinha, PAAG 2 Mr. Shailendra Kumar, AC to PAAG-2.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-08-2019 The respondent authorities have filed a supplementary counter affidavit annexing photographs showing that the encroachment made over the plot allotted to the petitioner herein, bearing plot No. B/7. Deewan Mohalla, Patna City, has been removed.

The learned counsel for the petitioner, at this stage, states that though the petitioner is satisfied from the averments made in the supplementary counter affidavit filed before this Court and the photographs annexed therewith, with regard to

Patna High Court CWJC No.18479 of 2016(5) dt.30-08-2019 2/2 removal of the encroachment in question, which he has also ascertained from the petitioner, nonetheless, it is submitted that at the time of handing over of the possession of the said plot to the petitioner, the area of the said plot in question should be measured to the satisfaction of the petitioner, as per the allotment letter. It is directed accordingly. In the facts and circumstances of the case, nothing survives for consideration in the present writ petition. The writ petition stands disposed of with the aforesaid direction.

(Mohit Kumar Shah, J) Tiwary/- U