Sahasdeopati Tiwari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17351 of 2013 ====================================================== Sahasdeopati Tiwari Son Of Late Kapildeopati Tiwari, resident Of Village - Pakargaon, P.O. Kharpokhra, Police Station - Bagaha, District - West Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The District Magistrate, Bettiah, West Champaran 3.

The Sub - Divisional Magistrate, Bagaha, West Champaran 4.

The Circle Officer, Bagaha - 1, West Champaran 5.

The Superintendent Of Police, Bagaha, West Champaran 6.

The Deputy Superintendent Of Police, Bagaha, West Champaran 7.

The Officer - In - Charge, Bagaha, West Champaran 8.

Sheshnath Yadav Son Of Shambhu Yadav Resident Of Village - Pakargaon, Police Station - Bagaha, District - West Champaran 9.

Ramchandra Yadav Son Of Jagranath Yadav Resident Of Village - Pakargaon, Police Station - Bagaha, District - West Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anand Kishore Choudhary, Advocate For the Respondent/s :

Mr.Raju Giri Gp30 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-02-2023 The present writ petition has been filed seeking the following reliefs:

"That this is an application for issuance of an appropriate writ and/ or/order and/direction commanding the respondents to implement the order for removing the encroachment made by the private respondents no. 8 and 9 passed by Circle Officer, Bagaha-1 dated 08.05.2012 in Encroachment Case No. 06/11-12 the

Patna High Court CWJC No.17351 of 2013(3) dt.17-02-2023 2/2 petitioner further prays that the plot no. 218, Khata No. 5 in village Pakargaon which is a village road be restored to its original shape, such that traffic of the village may passed through it smoothly."

At the outset, learned counsel for the respondent-State has submitted that the encroachment in question has already stood removed.

The learned counsel for the petitioner submits that the present writ petition be disposed off with liberty to the petitioner to take recourse to such remedies as are otherwise available under the law, in case any encroachment is existing over the land in question.

Liberty so sought is granted.

The present writ petition stands disposed of. (Mohit Kumar Shah, J) kanchan/- U