Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18253 of 2022 ====================================================== Rahul Kumar S/o Rajeshwar Ray Resident of Village-Ujjain Lohiyar Tola Tingha P.S. and Anchal-Harsidhi, District-East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary at Patna. 2.

The Principal Secretary Department of Revenue and Land Reform Patna. 3.

The Collector East Champaran at Motihari.

4.

The Sub Divisional Magistrate-cum-Bihar Public Grivance Redressal Officer, Areraj District East Champaran.

5.

The Circle Officer, Harsidhi District East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar Singh For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-07-2023 The present writ petition has been filed seeking the following relief:- "1. That this petition is being filed to issue Writ in the nature of mandamus/order and direction commanding the Respondent No. 5 to conclude the Encroachment Case No. 06 of 2022-2023 pending before him and take action as per decision taken to remove the encroachment."

At the outset, the learned counsel for the respondentState has referred to the counter affidavit, filed in the present case, to submit that upon initiation of encroachment proceeding, bearing Encroachment Case No.06 of 2022-23, by the Circle

Patna High Court CWJC No.18253 of 2022(2) dt.03-07-2023 2/2 Officer, Harsidhi, District-East Champaran, and upon taking recourse to the due process of law, as also after giving adequate opportunity to the encroachers, the encroachment has already been removed on 30.01.2023, hence no lis survives for consideration in the present writ petition.

Having regard to the facts and circumstances of the case, as aforesaid, since the encroachment in question has already stood removed, nothing survives for consideration, hence the present writ petition stands disposed off. (Mohit Kumar Shah, J) Saurav/- U