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Patna High CourtCWJC/13684/2018disposed

Kusheshwar Mistri v. The State Of Bihar And ORS

2024-09-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13684 of 2018 ====================================================== Kusheshwar Mistri S/o Late Yugal Mistri, R/o Vill. Kashnagar, Sabhar Basa P.S. OP Kashnagar, Sonbersa, Dist. Sharsa.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Revenue and Land Reforms the State Govt. of BIhar, Patna, P.S. Sachivalya 3.

The District Magistrate, Saharsa P.S. Saharsa Sadar Dist Saharsa. 4.

The Sub-Divisional Magistrate, Saharsa, P.S. Saharsa Sadar, Dist. Saharsa 5.

The Circle officer Sonbersa, P.S. Sonbersa Dist. Saharsa ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Neeraj Kumar, Adv.

For the Respondent/s :

Mr.Md. Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-09-2024

1. Though the present writ petition has been filed for quashing the order dated 26.06.2018, passed by the Circle Officer, Sonbersa, District-Saharsa, by which the petitioner has been asked to remove his hut, situated over Khesra No.1101, Mauza-Kashnagar, Thana No.57, District-Saharsa, however, the learned counsel for the respondent-State has pointed out to an order dated 05.07.2018, passed by the Circle Officer, Sonbersa, District-Saharsa, in connection with Encroachment Case No.3 of 2017-18 to submit that since the petitioner is landless, the encroachment proceedings have been postponed/suspended, hence it is submitted that in case any action is proposed to be

Patna High Court CWJC No.13684 of 2018(3) dt.04-09-2024 2/2 taken against the petitioner, fresh notices would be issued to him.

2. Having regard to the fair stand taken by the learned counsel for the respondent-State, I deem it fit and proper to dispose off the present writ petition, in view of the fact that there is no imminent threat to the petitioner of his hut being removed, however, with liberty to him to take recourse to such remedies as are otherwise available under the law, in case of any eventuality.

(Mohit Kumar Shah, J) sonal/- U