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Judgment
Heard learned counsel appearing on behalf of petitioner, learned counsel for the Respondent No.10 and the learned counsel for the State.
In the instant Writ application, the petitioner has prayed for the following relief(s):-
“1.That this is an application praying for issuance of writ in the nature of Mandamus or any other appropriate writ, order or direction commanding the official respondents to remove the recurred encroachment over the public pathway situated on the land appertaining to Khata No. 182, Kheshra No. 333/1021, area 11 dhurs which encroachment were already removed earlier under the direction of the Circle Officer passed in Encroachment Case No. 1/2005-06 by an order dated 22.03.2005 and so for restraining the private respondents for interfering with the right, title and possession of the petitioner on his land appertaining to Khata No. 93, Kheshra No. 335 measuring 3 Khatas 13 dhurs of land appertaining to mauja Barhara, Circle Bhore, District Gopalganj as in connivance with official respondents inter alia, the following;
Reliefs:-
(i)The respondents be directed not to make further encroachment on the thoroughfare stood on the aforesaid land appertaining to Khata No. 182, kheshra No. 333/1021, which is in the use of the petitioner and other co-villagers.
(ii)The respondents be retrained from interfering with the petitioner’s aforesaid land in unnecessarily raising dispute on the petitioner’s land through the said thoroughfare and to disturb the petitioner in relegating him under frivolous litigation.
(iii)The official respondents be commanded not to obstruct the petitioner from making construction on his own land on the plea of the private respondents, who unnecessarily raised dispute.
(iv)The respondents be directed to grant any other relief or reliefs to which the petitioner is found legally entitled to in the facts and circumstances of the case.
(v)Any other relief or reliefs be granted to the petitioner to which he is legally entitled in the facts and circumstances of the case.”
Learned counsel for the petitioner submits that in spite of the repeated requests, the encroachment is still exists on the public land. Learned counsel for the petitioner further submits that the encroachment has not been completely removed by the concerned authority.
Learned counsel appearing for the State submits that vide order dated 23.06.2005 passed in Encroachment Case No. 01 of 2005-06, the alleged encroachment has already been removed.
Learned counsel appearing for the private respondent No.10 submits that encroachment has been removed in view of the order of the Hon’ble High Court.
Having heard the parties, I am of the considered view that, in light of the submissions made by the learned counsel for the State, the present Writ petition has become infructuous.
It is expected that the authorities concerned shall look into the matter, and in the future, if there is any encroachment on the land, in question, the same shall be dealt with in accordance with law.
With the above observation and directions, the present Writ petition stands disposed of.
Pending I.As, if any, stands disposed.