Bijay Kumar Sah vs The State Of Bihar And Ors on 21 March, 2023

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Patna High Court - Orders

Bijay Kumar Sah vs The State Of Bihar And Ors on 21 March, 2023

Bench: Partha Sarthy

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.13508 of 2018
                 ======================================================
                 Bijay Kumar Sah Son of Late Bageshwar Prasad Sah Active Worker, Bhoodan
                 Yugna Committee Sultanganj Branch, District Bhagalpur, resident of Village -
                 Binoba Nagar, Sultanganj, P.S. Sultanganj, District Bhagalpur.

                                                                 ... ... Petitioner/s
                                              Versus
           1.    The State of Bihar through the Commissioner, Bhagalpur Division,
                 Bhagalpur.
           2.    The District Magistrate, Bhagalpur.
           3.    The Deputy Superintendent of Police Law and Order, Sadar, Bhagalpur.
           4.    The Sub-Divisional Magistrate, Sadar, Bhagalpur.
           5.    The Anchal Adhikari, Sultanganj, Anchal Sultanganj, District - Bhagalpur.
           6.    The Block Development Officer, Anchal Sultanganj, District Bhagalpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Amar Nath Mishra, Advocate
                 For the Respondent/s   :      Md. Khurshid Alam - AAG 12
                                               Mr. Ranjan Kumar Dubey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   21-03-2023

Heard learned counsel for the petitioner and learned counsel for the respondents.

The petitioner has filed the instant application for the following relief(s):

"(i) For issuance of appropriate writ, order/ direction Commanding the respondents to allow and permit the petitioner to open Kawar shop and to get Private Parking of Bus, Car and other. Vehicles of Kawariyas on the occasion of Srawani Mela 2018 on the open lands on Khata No. 92 Plot No. 304 area 12 dec. of lands, Khata No. 92 Khesra No. 304 area 21 dec. and Khata No. 92 Khesra No. 304 area 30 dec. Mouza Masdi Patna High Court CWJC No.13508 of 2018(5) dt.21-03-2023 2/2 P.S. Sultanganj, District Bhagalpur said to have settled in favour of Parcha Holders, namely, Swani Nirmal Baba, Sant Binoba Ashram and Sangiv Kr. Chitranjan by the Bhoodan Yugna Committee, Bhagalpur for which the petitioner is ready to pay necessary revenue to local authorities at Sultanganj Anchal, District Bhagalpur.

(ii) Issuance of appropriate writ, order/direction Commanding the Respondents not to take coercive steps against the petitioner and other Parcha holders for holding Kawar shop and to get Parking of bus, car and others vehicles during Shrawani Mela held at Sultanganj since 28th of July, 2018 after getting necessary permission by the Respondents.

(iii) Any other relief or reliefs to which the petitioner is entitled for in the eye of law."

After having made his submission and having heard the observations of this Court that the matter in issue in the instant application on account of efflux of time has become infructuous, learned counsel for the petitioner seeks permission to withdraw this application.

This application is disposed of as withdrawn as having become infructuous.

(Partha Sarthy, J) Saurabh/-

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Patna High Court - Orders