Sandip Kumar Pathak And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10783 of 2014 ====================================================== 1.

Sandip Kumar Pathak and Anr Son of Late Sukh Mohan Pathak Resident of Village- Rataitha, P.O- Rataitha, P.S- Haveli Kharagpur, District- Munger. 2.

Animesh Kumar Pathak Son of Late Sukh Mohan Pathak Resident of Village- Rataitha, P.O- Rataitha, P.S- Haveli Kharagpur, District- Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Munger. 2.

The Sub Divisional Officer, Haveli Kharagpur, District- Munger. 3.

The Anchal Adhikari Circle Officer, Haveli Kharagpur, District- Munger. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nand Gopal Mishra, Adv.

For the State :

Mr.Sarvesh Kr. Singh, AAG-13 For the Respondent :

Mr.Dhananjay Kr. Gupta, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-05-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(i) To quash the notice dated 20.05.2014, issued by the Anchal Adhikari, Haveli Kharagpur in Encroachment Case no 01/14-15 directing the petitioner to remove an alleged encroachment including a dwelling house over a land pertaining to following descriptions:- Mouja-Rataitha, Thana-172, Touji No.-4507 Khata No.-307, Khesra No.-1336, Area 53 decimal.

(ii) For issuance of an appropriate writ/order/ direction, restraining the respondents from taking any coercive action to remove the alleged

Patna High Court CWJC No.10783 of 2014(6) dt.01-05-2024 2/2 encroachment, including demolition of dwelling house in respect of the above mentioned land (iii) The respondents be directed to maintain status quo in respect of the land in question, during the pendency of the case, before this Hon'ble Court."

2. At the outset, the learned counsel for the petitioners submits that the impugned notice dated 20.05.2014, has now become redundant, inasmuch as the revenue receipts pertaining to the dwelling house of the petitioners are being issued regularly and the same have been issued even upto the year, 2024, thus, the present writ petition be disposed off, however, it may be directed that in case any action, to the detriment of the petitioners, is contemplated by the respondents, they may take recourse to the due process of law. It is directed accordingly.

3. The present writ petition stands disposed off. (Mohit Kumar Shah, J) sonal/- U