Pradip Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3630 of 2023 In Civil Writ Jurisdiction Case No.18123 of 2022 ====================================================== 1.

Pradip Sah Son of Late Uday Chand Sah Resident of Village- Parasmani, Police Station- Sarsi, District- Purnia.

2.

Lal Chand Sah, Son of Late Uday Chand Sah Resident of VillageParasmani, Police Station- Sarsi, District- Purnia. 3.

Lalit Narayan Sah, Son of Late Uday Chand Sah Resident of VillageParasmani, Police Station- Sarsi, District- Purnia. ... ... Petitioner/s

Versus

1.

The State of Bihar through Commissioner, Purnia namley Manoj Kumar. 2.

District Magistrate, Purnia, namely Kundan Kumar. 3.

Sub- Divisional Magistrate, Dhamdaha, Purnia namely Rajiv Kumar. 4.

Circle Officer, Dhamdaha, Purnia namely Ravi Prasad Paswan. 5.

Vijay Shankar Bhagat, Son of Late Suryadeo Bhagat Resident of VillageParasmani, Police Station- Sarasi, District- Purnia. 6.

Krishnadeo Sah, Son of Late Pucholal Sah Resident of Village- Parasmani, Police Station- Sarasi, District- Purnia.

7.

Pinku Sah, Son of Late Bhagawat Sah Resident of Village- Parasmani, Police Station- Sarasi, District- Purnia.

8.

Anil Sah, Son of Late Narayan Sah Resident of Village- Parasmani, Police Station- Sarasi, District- Purnia.

9.

Subhash Sah, Son of Late Nathan Sah @ Natho Sah Resident of VillageParasmani, Police Station- Sarasi, District- Purnia. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rang Nath Choubey, Advocate For the Opposite Party/s :

Mr.Standing Counsel 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2024

1. It is submitted by the learned counsel for the opposite parties that the order of this Court dated 03.07.2023, passed in CWJC No.18123 of 2022, has stood complied with inasmuch as the Anchal Amin was deputed to measure the disputed property, who conducted measurement in presence of

Patna High Court MJC No.3630 of 2023(3) dt.13-12-2024 2/2 the Mukhiya, Sarpanch and the local residents, whereupon it was found that a boundary wall has been illegally constructed, hence upon objection made by the petitioner, the same was demolished and 10 feet passage has been left as a way for the petitioner to commute through the same. It is submitted that 10 feet passage has been given to the petitioner from the south side as well as from the eastern side and at the moment there is no blockage as far as ingress and egress of the petitioner and other residents is concerned, as also no encroachment is prevailing at the site in question, hence it is submitted that the order of this Court, disobedience whereof has been complained off, has stood complied with.

2. This Court finds that the aforesaid stand taken by the opposite parties has not been controverted by the petitioner inasmuch as no rejoinder affidavit has been filed, hence this Court is satisfied that the order of this Court dated 03.07.2023, passed in CWJC No.18123 of 2022 has stood complied with.

3. Accordingly, the present petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U