IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1157 of 2003 AJIT KUMAR SAHA @ RATAN KR.SAH Versus THE STATE OF BIHAR & ORS ----------- For the petitioner: Mr. Najmul Hoda,Advocate For the State: Mr. Ajay Kumar Sharma,A.C. to A.A.G.III --- 7. 3.5.2010 As directed by this Court, the Circle Officer, Kochadhaman is personally present in Court and has also filed a counter affidavit. The petitioner has filed the writ petition for quashing the order dated 10.12.2002 ( Annexure-8) of the Circle Officer, Kochadhaman, by which he was directed to vacate the encroached land of Mouza Dhanpura, Khata No.215, Khesra No.3486 Area 18x9 Sq.ft. In the counter affidavit filed today, it is stated that the original case record of land in question is not traceable in the office as it is a very old one and there is no ready reference available to trace the said record and accordingly a shadow case record was opened. Further on the basis of the report of the Halka Karmchari and the Circle Inspector, Kochadhaman, it transpired that there were many technical defects in the notice of the previous land encroachment case and, therefore, the said proceeding has been dropped as not being according to the provision of law. It is - 2 - further stated that the petitioner has been informed about dropping of the proceedings initiated earlier. In view of the aforesaid stand taken in the counter affidavit, it is evident that the writ application has become infructuous. It is, accordingly, disposed of as infructuous. The personal appearance of the Circle Officer, Kochadhaman is dispensed with. VPS ( Ramesh Kumar Datta, J. )