Mantun Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23954 of 2013 ====================================================== Mantun Yadav S/O Late Shembhu Yadav Resident Of Village- Godhpura, P.SGadhpura, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Collector, Begusarai 2.

Circle Officer, Gadhpura Circle Officer, District- Begusarai 3.

Rakesh Chandra Jha S/O Umesh Chandra Jha Resident Of VillageGadhpura, P.S- Gadhpura, District- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Man Bansh, Advocate For the Respondent/s :

Mr.Md. N. Hoda Khan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-03-2023 The present writ petition has been filed seeking the following relief :- "For issuance of appropriate writ/ writs, direction/ directions and writ in the nature of writ of prohibition the Circle Officer, Ballia to interfere into the peaceful possession of the petitioner over the land and also for issuance of writ of mandamus commanding the respondent no. 2 to adequately compensate the petitioner for illegal demolition of wall of the petitioner and to remove the construction over the land of the petitioner by Rakesh Kr. Jha at instance of order of Circle Officer."

At the outset, the learned counsel for the respondent-

Patna High Court CWJC No.23954 of 2013(4) dt.17-03-2023 2/2 State has referred to the counter affidavit filed by the Circle Officer, Gadhpura Circle Office, Begusarai, wherein it has been stated that a measurement case bearing Measurement case no. 5/12-13 was initiated at the behest of the respondent no. 3, however, no portion of the wall of the petitioner has been demolished. It is also submitted that measurement was held by the Amin in presence of the petitioner and the respondent no. 3, whereafter the Amin has demarcated the land of the petitioner so that he does not obstruct the respondent no. 3 from constructing his house in his premises.

In view of the aforesaid, nothing survives for consideration in the present writ petition, hence the same stands dismissed.

(Mohit Kumar Shah, J) rinkee/- U