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Patna High CourtCWJC/20980/2018withdrawn

Akhileshwar Prasad Singh v. The State Of Bihar

2022-11-18The Chief Justice -,Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20980 of 2018 ====================================================== Akhileshwar Prasad Singh Son of Late Jamuna Prasad Singh Resident of Village-Koil-Bhupat, P.O.-Koil Bhupat, P.S.-Mehandia, District-Arwal, Presently residing at Kitab Bhawan Lane, Boring Road, North S.K.Puri, Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

2.

Th District Magistrate, Arwal, P.S. and District-Arwal. 3.

The Superintendent of Police Arwal, P.S. and District-Arwal 4.

The Sub-Divisional Officer Sadar, Arwal, P.O. and P.S.-Arwal, DistrictArwal. 5.

The Executive Engineer, Minor Irrigarion Department, P.S. and DistrictArwal 6.

The Circle Officer, Kaler, Block-Kaler, P.O. and P.S.-Kaler, District-Arwal. 7.

The Block Development Oficer, Block-Kaler, P.O. and P.S.-Kaler, DistrictArwal 8.

The S.H.O. Mehandia, P.S.-Mewhandia, District-Arwal ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhirendra Kumar, Advocate For the Respondent/s :

Md. Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.)

Patna High Court CWJC No.20980 of 2018(11) dt.18-11-2022 2/3 18-11-2022 Petitioner has prayed for the following relief(s): "(i) For issuance of an appropriate writ/s direction/s, order/s, to the respondents to remove the encroachments from the Old and Natural AHAR-PYNE IRRIGATION SYSTEM / RAIN HARVESTING SYSTEM which is situated in village - Koil Bhupat, Block - Kaler, P.S. - Mehandia, District - Arwal, over the land i.e.

Plot No. 976 958, 1558, 646 & 1476 and Old -----, -----, ------, -------------- 731 731 610 990 Plot No. 496 of Khata No. 371 New / 173 Old which is GAIR-MAZARUA - AAM - LAND.

And further restore the same in its original form, which was being used for irrigation as well as for drainage of village waste water.

(ii) To pass such other order or orders as your lordships may deem fit and proper in the facts and circumstances of the case."

Learned counsel for the petitioner, under instructions, seeks permission to withdraw the present petition, reserving liberty to file afresh.

Prayer allowed.

Petition is disposed of as withdrawn. Liberty reserved to any public spirited person to file afresh on the

Patna High Court CWJC No.20980 of 2018(11) dt.18-11-2022 3/3 similar cause of action.

Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) K.C.Jha/DKS U