Deep Narain Jha And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6832 of 2017 ====================================================== 1.

Deep Narain Jha Son of Late Mansar Jha 2.

Satya Narain Jha Son of Late Mansar Jha 3.

Moti Jha Son of Late Bhagwant Jha All Resident of Village Sujapur, P.O. Nayagaon P.S. Bounsi District Banka.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Collector Banka District Banka.

3.

The Subdivisional Officer Banka District Banka. 4.

The Circle Officer Bounsi, District Banka.

5.

Shankar Jha, Son of Late Bishwar Jha, Resident of Village- Sujapur, P.O. Nayagaon P.S. Bounsi, District Banka.

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

For the Petitioner/s :

Mr.Subhash Kumar Jha, Advocate For the Respondent/s :

Mr.Raj Kishore Roy-GP18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-04-2023 The present writ petition has been filed seeking the following relief :- "(i) For quashing the notice issued under Sub Section (2) of Section 6, (Form-II) in connection with encroachment case no. 04 of 2016-17 by the Circle Officer Bounsi, by which the petitioners were directed to remove the construction from the land in question, upon which petitioner's dwelling houses are situated and living along with their family member since long."

At the outset, the learned counsel for the

Patna High Court CWJC No.6832 of 2017(2) dt.17-04-2023 2/2 respondent- State has referred to paragraph no. 5 of the counter affidavit, filed in the present case by the respondent- State, to state than an encroachment case bearing Encroachment case no. 4 of 2016-17 was initiated by the Circle Officer Bounsi, District Banka and thereafter, the encroachment has been removed, hence, the present writ petition has been rendered infructuous.

At this juncture, the learned counsel for the petitioners submits that the petitioners be granted liberty to approach the respondent- authorities for redressal of his subsisting grievances, if any. Liberty so sought, is granted. The writ petition stands disposed off as not pressed, however with the aforesaid liberty.

(Mohit Kumar Shah, J) rinkee/- U