The petitioner filed a writ petition quashing an encroachment order and directing removal of encroachment from his land. The court held that the grievance was redressed when the encroachment was removed from the pathway, dismissing the petition as not pressed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 13209 of 2013
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Bhim Shanker Tiwari Son of Harish Chandra Tiwari Resident Of VillageBisunpura, P.S.- Kuchaikote, District- Gopalganj
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ghulam Rabbani, Advocate For the Respondent/s : Mr.Jai Prabhat Kishore, AC to SC-13 ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
5 13-03-2023 The present writ petition has been filed
seeking the following relief:-
“(i) For quashing the order dated 18.11.2011 passed in Misc. Case No.101/2008 arising out of Encroachment Case No.19/2002, passed by the Collector, Gopalganj (Respondent No. 2) whereby
Patna High Court CWJC No. 13209 of 2013(5) dt.13-03-2023 2/4
and whereunder the learned collector has modified the order passed in Encroachment Case No.19/2002 on 27.12.2002 by his predecessor, directing the Circle Officer, Kuchai Kote (Respondent No. 4) to remove the encroachment to the extent of map of Prime Minister Road Scheme and to remove the encroachment at least 20 feet to approach to the land of the petitioner, while on 27.12.2002 in Encroachment Case No. 19/2002 the learned the then collector has directed the Circle Officer, Kuchaikote (Respondent No. 4) to remove the entire encroachment from the land in question.
(ii) For directing the respondents to remove the entire encroachment from Plot No.117 appertaining to Khata No.32 situated at village-Bisunpura, P.S. and Circle-Kuchaikote,District-Gopalganj in compliance to order dated 27.12.2002 passed in Encroachment Case No.19/2002 by the Collector, Gopalganj.”
The Circle Officer, Kuchaikote has filed a counter affidavit in the present case, wherein it has been stated that in village-Vishunpura, P.S.
Patna High Court CWJC No. 13209 of 2013(5) dt.13-03-2023 3/4
Kuchaikote, District-Gopalganj, the encroachment made over Khata no. 32, Plot no.117 was removed but subsequently it has again resurfaced. It is also stated that the disputed land situated at villageVishunpur i.e. Khata No. 32, Plot No. 117 is a gairmazarua aam rasta, as has been mentioned in the revisional survey khatiyan. The Circle Officer, Kuchaikote has also stated in paragraph no. 7 of the counter affidavit that the Collector, Gopalganj has modified the earlier order, passed by his predecessor, by an order dated 18.11.2011, to facilitate the villagers as well as the petitioner to commute through the pathway, without harming the private respondents and accordingly, the Collector has ordered to remove encroachment so as to ensure that at least 20 feet pathway is facilitated so that the petitioner has no obstruction for the purposes of going to his land.
The learned counsel for the State has further submitted that there is no obstruction as far as egress and ingress to the land of the petitioner is concerned and in case there is any
Patna High Court CWJC No. 13209 of 2013(5) dt.13-03-2023 4/4
obstruction, the same shall be cleared within a week.
The learned counsel for the respondentState has referred to the supplementary counter affidavit, filed on behalf of the respondents no. 2 to 4, wherein it has been stated in paragraph no. 6 that encroachment has been removed from the 20 feet wide pathway on 02.09.2022, by the Circle Officer, Kuchaikote in the presence of Halka Karamchari and Anchal Amin, hence the petitioner cannot have any grievance at the moment. The aforesaid stand of the respondent-State has not been controverted by the learned counsel appearing for the petitioner and instead it has been submitted that now grievance of the petitioner has stood redressed.
In such view of the matter nothing survives for consideration, hence the present petition stands dismissed as not pressed.
(Mohit Kumar Shah, J)
S.Sb/Saurav
U
Bhim Shanker Tiwari
The State of Bihar through the Chief Secretary
The Collector, Gopalganj
The Sub-Divisional Magistrate, Gopalganj
The Circle Officer, Anchal-Kuchaikote
Arjun Ram
Mohit Kumar Shah
As recorded by the court registry
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