Ram Nandan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17030 of 2017 ====================================================== Ram Nandan Singh, S/o Late Yogi Singh, Resident of Village- Khaira, P.O.- Khaira, P.S.- Bahadurpur O.P. Pator, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Collector, Darbhanga 2.

The District Collector, Darbhanga, District- Darbhanga. 3.

The Anchal Adhikari, Bahadurpur Anchal, District- Darbhanga. 4.

Shri Ram Kishore Singh, S/o Late Baleshwar Singh, Resident of VillageKhaira, P.S.- Bahadurpur, District- Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anju Jha, Advocate For the Respondent/s :

Mr. Dhurjati Kumar Prasad, G.P.-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-04-2023 The present writ petition has been filed seeking the following relief:- "1.That this application is being filed for issuance of a writ in the nature of certiorari quashing the order dated 09.07.2016 passed by Anchal Adhikari, Bahadurpur, District-Darbhanga vide Record No. 10/15-16 whereby and whereunder the application filed by the petitioner before the Circle Officer for removing the encroachment of the general way (Aam Rasta) by one Sri Ram Kishore Singh (Respondent No.-4) has been rejected and further for issuance of a writ in the nature of mandamus commanding the respondents to remove the

Patna High Court CWJC No.17030 of 2017(2) dt.24-04-2023 2/2 encroachment by respondent no.-4 over the land used as the general way by the public of the village since long."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 09-07-2016 passed by the Circle Officer, Bahadurpur, District- Darbhanga, in connection with Encroachment Case No. 10 of 2015-16, whereby and whereunder the encroachment proceedings in question have been dropped, by filing appropriate appeal. Liberty so sought is granted.

It is needless to state that in case appropriate appeal is filed within a period of four weeks from today, the same shall be decided on merits without the appellate authority being impeded by the issue of limitation.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U