Binod Kumar Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13512 of 2018 ====================================================== Binod Kumar Sharma, Son of Sri Ram Swarup Mistri, Resident of VillageShahpur, Tikari, Police Station-Aurangabad (T), District-Aurangabad. ... ... Petitioner/s

Versus

1. The State Of Bihar through Principal Secretary, Land & Revenue Department, Patna.

2. The District Magistrate, Aurangabad.

3. The Sub-Divisional Officer, Sadar, Aurangabad.

4. The Deputy Collector, Land Reforms, Aurangabad.

5. The Circle Officer, Aurangabad.

6. The District Public Grievance Redressal Officer, Aurangabad

7. Tribhuwan Singh, Son of Late Kailash Singh, Resident of Mohalla-New Area, Police Station -Aurangabad (T), District-Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tej Narayan Singh For the Respondent/s :

Mr. Sajid Salim Khan - SC25 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-07-2018 Heard Mr. Tej Narayan Singh, learned counsel for the petitioner and Mr. Sajid Salim Khan, learned SC 25 for the Respondent-State.

The present writ application has been filed for a direction to the respondent authority to get the encroachment removed from the land, appertaining to Khata No. 296, Plot No. 136, situated at Mauza Shahpur, District Aurangabad, which is recorded in the Khatiyan as 'Gairmajarua Aam Ahar' (water channel). Further prayer has been made for a direction to Respondent No.2, the District Magistrate, Aurangabad to set up a high level enquiry against the erring officials for creating

Patna High Court CWJC No.13512 of 2018(2) dt.16-07-2018 2/2 mutation of land in question in the name of private Respondent No.7, and to take appropriate legal action against all the erring officers/persons.

After some argument, learned counsel for the petitioner seeks permission to withdraw the present writ application to agitate the issue before appropriate forum, in view of the admitted fact that mutation with regard to the land in question has been made in favour of private Respondent No.7, the land in question has lost its nature of public land. Permission is accorded.

Accordingly, the present writ application is dismissed as withdrawn with the liberty above mentioned. (Dinesh Kumar Singh, J) Amrendra/- U