Ritesh Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12812 of 2023 ====================================================== Ritesh Kumar Mishra son of Sri Kaushalendra Mishra, Resident of VillageChakhabib, P.S. Vibhutipur, District-Samastipur, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Samastipur. 2.

The District Magistrate-cum-Collector, Samastipur. 3.

The Deputy Collector of Land Reforms, Samastipur. 4.

The Sub-Divisional Officer, Rosera, Samastipur. 5.

The Circle Officer, Bibhutipur Block, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amitabh Sohan, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam (AAG-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-07-2024 The present writ petition has been filed seeking the following reliefs:- "1. a) For issuance of an appropriate writ/order/direction in the nature of mandamus directing Respondent no. 5 to take appropriate action and carry out encroachment proceedings in Encroachment Case No. 06 of 2018-19 in light of order dated 30.01.2023 passed by Respondent no. 2 dismissing Public Land Encroachment Appeal no. 547 of 2019 and returning the records to Respondent no. 5 for appropriate action, as a consequence

Patna High Court CWJC No.12812 of 2023(4) dt.05-07-2024 2/3 of which orders of Respondent No. 5 directing the encroachers to remove encroachment as passed by Respondent no. 5 in Encroachment case no. 06 of 2018-19 got revived and are required to be concluded in accordance with law.

b) For issuance of an appropriate writ/order/direction in the nature of mandamus directing Respondent no. 2 to take appropriate steps for enduring that encroachment proceedings are resumed, carried out and concluded by Respondent no. 5 in accordance with law."

2.

At the outset, the learned counsel for the respondent-State has referred to paragraph no. 10 of the counter affidavit filed in the present case on behalf of the respondents no. 1 to 5 to submit that the encroachment in question has already stood removed on 08.01.2024, hence the present writ petition has been rendered infructuous.

3.

Per contra, it is the stand of the petitioner that some encroachment still exists. 4.

In view of the aforesaid, I deem it fit and proper to grant liberty to the petitioner to

Patna High Court CWJC No.12812 of 2023(4) dt.05-07-2024 3/3 approach the District Magistrate, Samastipur and the Circle Officer, Bibhutipur Block, DistrictSamastipur for redressal of his subsisting grievances.

5.

Accordingly, the writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U