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Patna High CourtCWJC/744/2018disposed

Pritika Sahkari Griha Nirman Sahyog Samiti And ORS v. The State Of Bihar And ORS

2022-09-01Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.744 of 2018 ====================================================== 1.

Pritika Sahkari Griha Nirman Sahyog Samiti, Shivpuri through its Secretary namely Ramanuj Prasad Singh, Son of Late Bhola Singh, Resident of P.O. and P.S.- Shashtrinagar, Mohalla- Shivapuri, Patna.

2.

Ravi Shekharam, Son of Sri Surendra Prasad Roy, through his power of attorney holder namely Sri Surendra Prasad Roy, Resident of Samastipur in front of DRB BRB College, POPS- Samastipur, Town and District- Samastipur, Bihar at present residing at Mohalla- Shivapuri, P.S.Post- Shastrinagar, Patna. 3.

Puja, Daughter of Ramanuj Prasad Singh, through his power of attorney holder namely Ramanuj Prasad Singh, Resident of P.O. and P.S.- Shashtrinagar, MohallaShivapuri, Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar through its Principal secretary, Department of Home, Bihar, Patna.

2.

The Principal Secretary, Department of Home, Bihar, Patna. 3.

The District Magistrate, Patna.

4.

The Additional Collector, Patna Sadar.

5.

The Deputy Collector Land Reforms, Patna Sadar. 6.

The Senior Superintendent of Police, Patna.

7.

The Circle Officer, Patna.

8.

The Bihar State Power Holding Company Limited through its Chairman cum Managing Director.

9.

The Chairman cum Managing Director, Bihar State Power Holding Company Limited.

10.

The Chief Engineer cum Managing Director, South Bihar Power Holding Company, Bihar, Patna.

11.

The Executive Engineer, Electric Supply Division, Patliputra Patna. 12.

The Assistant Engineer, Electric Supply Sub-Division, Sri Krishnapuri, Patna. 13.

Sharde Roy s/o Sri Kameshar Roy 14.

Sanjay Roy s/o Sri Kameshwar Roy 15.

Seeban Roy s/o Sri Birchandra Paswan 16.

Rabindra Paswan s/o Sri Birchandra Paswan 17.

Subodh Paswan s/o Sri Chandradev Paswan 18.

Mahesh Paswan s/o not known 19.

Suffil Paswan s/o not known, respondents no. 13 to 19 are residents of mohallaShivpuri (Near Rajdhani Gas Godown), PO+PS-Shastrinagar, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siddhartha Prasad, Advocate For the Respondent/s :

Mr.Md. N.H. Khan- SC 1 ======================================================

Patna High Court CWJC No.744 of 2018(7) dt.01-09-2022 2/2 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-09-2022 Though the present writ petition was filed for removal of encroachment in question and for enabling the petitioner to construct the boundary wall in the premises owned by him, but today, the learned counsel for the respondent- State has filed a supplementary counter affidavit, in which, it has been stated that the encroachment from the land in question has been removed completely on 29.08.2022 and 30.08.2022. However, as far as the grievance of the petitioner regarding construction of boundary wall on the land in question is concerned, it is submitted that since there is no encroachment over the land in question, he is free to construct the boundary wall over the same and in case of any impediment, the petitioner may approach the District administration.

Accordingly, the writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) rinkee/- U