Baidya Nath Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15723 of 2021 ====================================================== Baidya Nath Jha Son of Late Ramdeo Jha Resident of Village and P.O.- Pokhram, P.S.- Biraul, District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Chief Secretary, Government of Bihar, Patna. 3.

The Commissioner, Darbhanga Division, Darbhanga. 4.

The Inspector General of Police, Darbhanga Division, Darbhanga. 5.

The District Magistrate, Darbhanga.

6.

The Senior Superintendent of Police, Darbhanga. 7.

The Sub-Divisional Officer, Biraul, District Darbhanga. 8.

The Deputy Superintendent of Police, Biraul, District Darbhanga. 9.

The Anchal Adhikari, Biraul, District Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivam, Adv.

For the Respondent/s :

Mr.Atul Shankar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-11-2022 Though, the present writ petition has been filed for removal of encroachment from the public road, situated at Mauja Pokhram, Thana No.287, Anchal Biraul bearing khesra No. 5721(New), 2272 (old) and 2273 (old), area 15 decimals, however, the learned counsel for the respondent State has filed a counter affidavit alongwith the photographs and a compact disk containing video footage and has submitted, by referring to the same that the encroachment in question has already been removed and in case any debris is lying there, the same shall also be removed

Patna High Court CWJC No.15723 of 2021(3) dt.30-11-2022 2/2 within 24 hours.

The learned counsel for the petitioner submits that in case the District Magistrate, Darbhanga has filed a counter affidavit stating therein that encroachment has already stood removed, he has no reason to disbelieve him, hence, the present petition may be disposed off in view of the fact that the petitioner is now having no subsisting grievance. Accordingly, the present writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) Tiwary/Saurav U