Ram Narayan Prasad Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4694 of 2018 ====================================================== Ram Narayan Prasad Yadav S/o late Balram Yadav @ Balram Mandal R/o Village and Post- Sarauni, Ward No. 05, P.S. Mahishi, District- Saharsa. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Circle Officer, Mahishi.

3.

Punit Yadav S/o Sri Maheshwar Mandal R/o Village and Post- Sarauni, Ward No. 05, P.S. Mahishi, District- Saharsa.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar For the Respondent/s :

Mr.Sajid Salim Khan- Sc25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-08-2022 Though the present writ petition has been filed for quashing the Measurement Case No. 36/2017-2018 and the Encroachment Case No. 14/2017-2018, initiated by the Circle Officer, Mahishi, Saharsa, but the District Magistrate, Saharsa has filed a counter affidavit today stating therein that the records of the aforesaid two cases are not traceable, hence, the respondents are not proceeding against the petitioner. In such view of the matter, the learned counsel for the petitioner submits that in case, the respondents are not proposing to proceed in the aforesaid two cases on

Patna High Court CWJC No.4694 of 2018(4) dt.23-08-2022 2/2 account of want of records, then the petitioner is at the moment having no grievance.

In such view of the matter, this Court deems it fit and proper to dispose of the present writ petition while taking note of the fact that the respondents are not proposing to proceed with the aforesaid two cases on account of the records being not traceable, however, liberty is granted to the respondents to proceed afresh, in accordance with law.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U