Shoolpani Jha v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13697 of 2015 ====================================================== Shoolpani Jha, Son of Late Akhilanand Jha, Resident of Village-Rupauli Khurd, Police Station - Bibhutipur, District - Samastipur. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The D.M. Samastipur.
3.
The C.O. Bibhutipur Police Station - Bibhutipur, District - Samastipur. 4.
The O.C. Bibhutipur, P.S. - Bibhutipur, Samastipur. 5.
The I/C Deputy Collector, District Public Grievance, District - Samastipur. 6.
Jagdish Rai, 7.
Ram Chandra Rai, Both sons of Late Rakshi Rai, Residence of village Rupauli Khurd, Police Station - Bibhutipur, District - Samastipur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar, Adv.
:
Mr. Santosh Kumar, Adv.
For the State :
Mr. Birju Prasad, GP-13 :
Mr. Ajit Anand, AC to GP-13 :
Mrs. Shweta Anand, AC to GP-13 :
Mr. Dinbandhu Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-09-2024 The present writ petition has been filed seeking the following relief:- "1.
For commanding the respondent authorities to remove the illegal encroachment from the Government land situated at Khata no. 125(old) Khesra no.545(old) and 548(old) at the village Rupauli Khurd being encroached by Respondent no.6 and 7 by breaking Pulia (Small bridge) and obstructing the drains by filling soil in the same in pursuance an order passed by the C.O. Bibhutipur in Land Encroachment case No. 26/2013-14
Patna High Court CWJC No.13697 of 2015(3) dt.05-09-2024 2/2 dated 19.12.2014 (Annexure-2). This Writ application is further being filed for a direction to the Respondent no.04 to institute a case against the Respondent no.6&7 in accordance with Bihar Public land Encroachment(Amendment) Act, 2012"
2.
At the outset, the learned counsel for the respondents-State submits, by referring to the counter affidavit filed in the present case, that the encroachment in question has already stood removed, hence the present writ petition has been rendered infructuous.
3. Having regard to the aforesaid facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition as having been rendered infructuous. (Mohit Kumar Shah, J) Kanchan,suruchi/- U