Writ petition filing quashing enclosure removal order rendered infructuous as encroachment was finally removed on 28.6.2017 during court proceedings. Petitioner granted liberty to agitate grievances.
liberty to agitate subsisting grievances before Respondent authorities
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4790 of 2017
======================================================
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Bindeshwar Prasad, Adv. For the Respondent/s : Mr.Md. Ebadur Rahman Shakeb, AC to AAG-12 ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
The present writ petition has been filed seeking the
following relief:-
“1. That this is an application for issuance appropriate writ(s), order (s), direction (s) or a writ in the nature of Certiorari for quashing the order vide Memo no.-5 dated 7.1.2017 issued under the signature of Sub- Divisional Officer Masaurhi by which he was pleased to direct the Circle officer Dhanarua Patna to release the land bearing Mauza Sakarpura P.S No.-140, Khata
Patna High Court CWJC No.4790 of 2017(2) dt.12-04-2023 2/3
no.-80, Plot no.-599, measuring an area 1.95 acres of land from the hands of Shankar Pd. And further passed the order vide memo no.125 dated 24.1.2017 issued passed by C.O. Dhanarua respectively, by which Circle Officer, also directed do release the land stated above from the encroachers and further command the respondents not interfere in any manner with right and possession of the land in question of the petitioners.”
At the outset, the learned counsel for the
Respondent-State has referred to the counter affidavit, filed in the present case, more particularly paragraph no. 8 thereof, wherein it has been stated that the Circle Officer, Dhanarua, District-Patna, had initiated encroachment proceeding vide Encroachment Case No. 1 of 2015-16 and thereafter, the encroachment in question has also been finally removed on 28.6.2017, hence, it is submitted that the present writ petition has been rendered infructuous.
Considering the aforesaid submissions made in the counter affidavit, filed on behalf of the Respondent-State, I deem it fit and proper to dispose off the present writ petition, while granting liberty to the petitioner to agitate his subsisting grievances, if any, before the Respondent authorities.
The writ petition stands disposed off on the aforesaid
Patna High Court CWJC No.4790 of 2017(2) dt.12-04-2023 3/3
terms.
(Mohit Kumar Shah, J)
Ajay/-
U
Shankar Pd & Bhola Pd
State Of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
