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Patna High CourtCWJC/17452/2022disposed

Sushil Kumar Suman v. The State Of Bihar

2023-09-12Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17452 of 2022 ====================================================== Sushil Kumar Suman Son of Late Shiv Kant Mallik, Resident of Flat No. 501 A, S.B. Residential, Sheikhpura P.S.- Hawai Adda, Patna- 800014 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Patna.

3.

The Circle Officer, Phulwari Shariff, Patna.

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

For the Petitioner/s :

Mr.Manoj Kumar Ambastha, Adv.

Mr. Rakesh Bihari Sharan, Adv.

Mr. Pravin Kumar, Adv.

For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-09-2023 The present writ petition has been filed seeking the following relief:- "1. That this application is being filed by the petitioner for issuance of a writ in the nature of writ of certiorari for quashing the notice dated 1603-2022 and subsequent notices issued on 05-092022 and 18-08-2022 by the Circle Officer, Phulwarishariff (Respondent no. -3) directing the petitioner demolish his boundary wall which was allegedly an encroachment on the society's road." 2.

At the outset, the learned counsel appearing for the Respondent-State submits that the boundary wall of the premises of the petitioner, which was illegally demolished, has

Patna High Court CWJC No.17452 of 2022(6) dt.12-09-2023 2/2 been restored during the interregnum period, which is not refuted by the learned counsel for the petitioner. In such view of the matter, the Ld. Counsel for the petitioner submits that now, the petitioner is not having any subsisting grievances, however, it be directed that in case the Respondents-State seeks to proceed further in the matter, it shall do so, strictly in accordance with law. It is directed accordingly. 3.

The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U