Yogendra Mahto v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.25120 of 2013 ====================================================== Yogendra Mahto S/oLate Narayan Mahto Resident of Village- Madhopur Raushan @ Bhisa, P.O- Amghata, P.S- Dumera, District- Sitamarhi. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Secretary, Rural Development, Bihar Govt. of Bihar 3.
The Commissioner, Tirhut Division, Muzaffarpur. 4.
The District Collector, Sitamarhi.
5.
Block Development Officer, Dumera, Sitamarhi. 6.
Circle Officer, Dumera, Sitamarhi.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Kumar, Advocate For the Respondent/s :
Mr. Suresh Kumar, AC to GP-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-07-2024 The present writ petition has been filed seeking the following reliefs:- "1.(i) For issuance of an appropriate writ for order / orders, direction / directions commanding the respondents to remove the encroachments made over public road, which has been fully covered by constructing home and opening shop, etc.
(ii) For directing the respondents to measure the present length of the road in accordance with law for removal of encroachments.
Patna High Court CWJC No.25120 of 2013(5) dt.31-07-2024 2/2 (iii) For directing the respondents to remove all obstacles that is located on public road and to pay attention, particularly to such public road which is of great importance, inasmuch as, the same is the main road of the District Headquarters, through which all link roads touch the Block Headquarter."
2.
At the outset, the learned counsel for the respondent-State submits, by referring to paragraphs no. 6 to 8 of the counter affidavit filed in the present case, that the encroachers, upon notice have themselves removed the encroachments in question and have vacated the land in question, hence the present writ petition has been rendered infructuous.
3.
Accordingly, the present writ petition stands dismissed.
(Mohit Kumar Shah, J) S.Sb/- U