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Patna High CourtCWJC/2298/2015disposed

Baba Makhdoom Nooruddin And Sk. Bakhshu Charitable Trust And ANR v. The State Of Bihar And ORS

2023-03-27Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2298 of 2015 ====================================================== 1.

Baba Makhdoom Nooruddin and Sk. Bakhshu Charitable Trust, Bari Dargah, Purani Sarai, Police Station & District-Lakhisarai through S.K. Zamiruddin (Trustee of Baba Makhdoom Nooruddin and SK. Bakshu Charitable Trust, Bari Dargah, Purani Sarai, Lakhisarai. 2.

Sk. zamiruddin Son of Late Abdul Aziz Trustee of Baba Makhdoom Nooruddin and Sk. Bakhshu Charitable Trust, Bari Dargah, Purani Sarai, Police Station and District - Lakhisarai.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The D.M. Lakhisarai.

3.

The S.D.O. Lakhisarai.

4.

The C.O Lakhisarai.

5.

The Officer Incharge, Lakhisarai Police Station, Lakhisarai, District - Lakhisarai.

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

For the Petitioner/s :

Mr.Binay Kumar, Adv.

For the Respondent/s :

Mr.M.K.Upadhyay, AC to GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-03-2023 Though the present writ petition has been filed for quashing the entire proceedings, pertaining to Encroachment Case No. 4 of 2014-15, initiated by the Circle Officer, Lakhisarai, however, the learned counsel for the RespondentState has referred to the counter affidavit filed in the present case, more particularly Annexure-C to the same, which is the final order, passed by the Circle Officer, Lakhisarai, dated 12.11.2014, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, hence, it is submitted that the present writ petition has been rendered infructuous.

Patna High Court CWJC No.2298 of 2015(2) dt.27-03-2023 2/2 At this juncture, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the aforesaid order dated 12.11.2014, by filing appropriate appeal. Liberty, so sought, is granted.

The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) Ajay/- U