Daharu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2471 of 2022 In Civil Writ Jurisdiction Case No.7645 of 2022 ====================================================== 1.

Daharu Yadav son of Late Jagdev Yadav Resident of Mohalla-Govindpur, P.O. and P.S.-Fatuha, District-Patna.

2.

Ravi Kumar son of Om Prakash Sao, Resident of Mohalla-Govindpur, P.O. and P.S.-Fatuha, District-Patna.

3.

Vivek Raj son of Shiv Shankar Prasad, Resident of Mohalla-Govindpur, P.O. and P.S.-Fatuha, District-Patna.

4.

Saroj Kumar son of Banaras Rai, Resident of Mohalla-Govindpur, P.O. and P.S.-Fatuha, District-Patna.

5.

Shashi Bhushan Yadav son of Late Kanhai Yadav, Resident of MohallaGovindpur, P.O. and P.S.-Fatuha, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Shri Amir Subhani, the Chief Secretary, Government of Bihar, Patna.

2.

Shri Anand Kishore, The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna. 3.

Dr. Chandrashekhar Singh, The District Magistrate, Patna. 4.

Shri Manavjit Singh Dhillon, The Senior Superintendent of Police, Patna. 5.

Shri Praveen Kumar, The Executive Officer, Nagar Parishad, Fatuha, Patna. 6.

Shri Anita Bharti, The Circle Officer, Fatuha Circle, Patna. 7.

Shri Mukesh Kumar Mukesh, The SHO, Fatuha Police Station, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar, Advocate Mr.Yogesh Kumar, Advocate Mr.Shikhar Kumar, Advocate For the Opposite Party/s :

Mr.Yogendra Prasad Sinha (Aag 7) Mr.Rajeev Kr. Sinha, AC to AAG7 For the Opposite Party No.5:

Mr.Anil Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

Patna High Court MJC No.2471 of 2022(3) dt.22-03-2024 2/3 (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 22-03-2024 The present MJC is filed for non-compliance of the order dated 24.06.2022 passed in CWJC No. 7645 of 2022.

2. For removal of defect(s) matter is pending consideration for the last about two years. During pendency of the present petition, Opposite Parties No. 2 and 5 have filed independent show-cause. Perusal of the show-cause filed on behalf of the Opposite Party No. 5 along with Annexure-A to G read with Para 8 to 11. It is evident that petitioners grievance has been redressed insofar as removal of alleged encroachment over the drain and public road.

3. In view of these facts and circumstances, the present MJC does not survive for consideration. Accordingly, the present MJC No. 2471 of 2022 stands dropped.

4. Mr. Anil Kumar who is appearing for Opposite Party No. 5 is hereby directed to serve a copy of the show-cause along with the documents to the learned counsel for the petitioner within a period of one week from today. Similarly, counsel for Opposite Party No. 2 - Mr. Shankar Kumar, State counsel - Mr. Yogendra Prasad Sinha are hereby directed to furnish copy of the show-cause along with the documents - Annexure - A to the learned counsel for the petitioner within a

Patna High Court MJC No.2471 of 2022(3) dt.22-03-2024 3/3 period of one week.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) abhishekkr/- U