Rabindra Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15665 of 2015 ====================================================== Rabindra Singh S/o Ram Naresh Singh Resident of Mohalla Dahiyawa, Near Braj Kishore School Gali, Dak Bunglaw Road, P.S. Chapra Town, District Saran at Chapra.

... ... Petitioner

Versus

1.

The State Of Bihar through the District Magistrate, Saran at Chapra. 2.

The District Magistrate, Saran at Chapra.

3.

The Superintendent of Police, Saran, Chapra.

4.

The Sub Divisional Magistrate, Sadar Chapra, Saran at Chapra. 5.

Mr. Vijay Kumar Singh, the Circle Officer, Chapra Sadar, Telpa, Saran at Chapra.

6.

The Circle Officer, Chapra Sadar, Telpa, Saran at Chapra. 7.

Mrs. Meera Sharma W/o Manoj Kumar Sharma Resident of Mohalla Dahiyawa, Dak Bunglaw Road, Braj Kishore School lane, P.S. Chapra Town, District Saran, presently holding the post of Lady Extension Officer, Sadar Chapra Block, Saran at Chapra.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Singh, Adv.

For the State :

Mr. Sunil Kumar Mandal, SC-03 :

Ms. Neelam Kumari, AC to SC-03 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-11-2024 The present petition has been filed seeking following reliefs:- "1. For issuance of a writ of certiorari and prohibition or writs in the nature thereof or any other appropriate writs/orders/directions for quashing undated mala fide notice issued by the Circle Officer, Sadar Chapra whereby and whereunder the petitioner has been given notice for measurement of sarkarı nala, situated at Plot No.6206 (no further details of the plot is given in the notice) on 22.09.2015 by Anchal Amin. This writ is also

Patna High Court CWJC No.15665 of 2015(5) dt.21-11-2024 2/2 being filed to restrain the Circle Officer, Sadar Chapra and his police personnel from demolishing the newly constructed Residential house of the petitioner, situated over Old Holding No.725/New Holding No.681 part, Old Ward No. 18/New Ward No 22, Circle No.16, at MohallaDahiyawan, Dak Bunglaw Road, Parganna Majhı, Tauzı No 8953, area 1 katha, kaiymı residential land purchased through a registered sale deed dated 29.6.2009, which is not the land under the impugned notice"

2.

At the outset, the learned counsel for the respondentsState submits by referring to counter affidavit filed by the District Magistrate, Saran that no encroachment proceeding is pending qua the land of the petitioner nor he has encroached any public land, hence the grievances of the petitioner has stood redressed.

3.

At this juncture, the learned counsel for the petitioner submits that if it be so, the present petition be disposed off, however, reserving liberty to the petitioner to approach this Court in case any cause of action so arises, henceforth. Liberty, so sought, is granted.

4.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) Kanchan,suruchi/- U