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Patna High CourtCWJC/2791/2021disposed

Dhruv Prasad v. The State Of Bihar

2022-09-01Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2791 of 2021 ====================================================== Dhruv Prasad S/o Shri Yogendra Prasad Resident of Village- Ahwar Sheikh, Tola Jagiraha, P.S.- Majhaulia, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Collector, West Champaran at Bettiah. 2.

The Collector West Champaran at Bettiah.

3.

The Sub Divisional Officer Bettiah Sadar, Bettiah, Dist.- West Champaran. 4.

The Circle Officer (Anchal Adhikari) Majhaulia Block, Majhaulia, Dist.- West Champaran.

5.

The Officer in Charge Majhaulia Police Station, Majhaulia, Dist.- West Champaran.

6.

Dhani Lal Prasad S/o Late Dwarika Prasad Resident of Village- Ahwar Sheikh, Tola Jagiraha, P.S.- Majhaulia, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Respondent/s :

Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-09-2022 In pursuance to the earlier order of this Court dated 18.08.2022, the learned counsel for the respondent- State has filed a counter affidavit, wherein it has been stated that the entire encroachment in question has been removed, which has not been disputed by the learned counsel for the petitioner. However, the learned counsel appearing for the private respondent no. 6 has submitted that his house has been demolished without serving any notice upon him, nonetheless, he seeks liberty on behalf of the petitioner to challenge the order dated 07.09.2021 passed under Section 6(1)

Patna High Court CWJC No.2791 of 2021(3) dt.01-09-2022 2/2 of the Bihar Public Land Encroachment Act, 1956 by the Circle Officer, Majhaulia Block, West Champaran in connection with Encroachment case no. 19 of 2020-21, by filing appropriate appeal. Liberty so sought, is granted.

At this juncture, the learned counsel for the respondent no. 6 submits that he is not being supplied with the certified copy of the entire order sheet of the aforesaid encroachment case, to which, the learned counsel for the State submits that the same shall be supplied within two days, in case, respondent no. 6 approaches the Office of the Circle Officer, Majhaulia Block, West Champaran.

Having regard to the facts and circumstances of the case, it appears that nothing survives for consideration in the present petition, as such, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) rinkee/- U