Dinesh Pashwan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16730 of 2016 =========================================================== Dinesh Pashwan Son of Late Manik Chand Pashwan Resident of village - Hinduni, P.S. Phulwarisarif, Distt. - Patna .... .... Petitioner

Versus

1. The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna

2. The Commissioner Land Reforms Department, Bankipur, Patna, Patna

3. The Collector, Patna

4. The Additional Collector, Patna

5. The Deputy Collector, Patna Sadar

6. The Block Development officer, Phulwaari Sarif, Patna

7. The Circle officer/Anchal Adhikari Phulwari Sarif, Patna

8. The Public Grievance Redressal Officer Patna Sadar .... .... Respondents =========================================================== Appearance :

For the Petitioner : Ms. Madhuri Lata, Advocate For the State : Mr. Sajid Salim Khan-SC25 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 01-12-2016 Heard the parties.

In view of the nature of dispute, this writ application is being disposed of granting 30 days time to the petitioner to file statutory appeal before a competent forum. If appeal is preferred within such period, let the same be disposed of on its own merit and in accordance with law.

The petitioner would make a requisition in accordance with law for supply of certified copy within a week and that should be supplied to him within a further week and, thereafter, within 15 days

Patna High Court CWJC No.16730 of 2016 dt.01-12-2016 2/2 the petitioner may file his appeal.

The impugned action of removal of petitioner from the said land would stand stayed for a period of 30 days or the date of filing of appeal, whichever is earlier. Thereafter, the petitioner would be required to seek such relief from the appellate authority itself which would decide the issue on its own merit and in accordance with law without being prejudiced by the present order by which interim relief has been granted in the facts and circumstances of this case. However, it is made clear that this Court has not expressed or formed any opinion with respect to the merit of the case of the petitioner.

(Dr. Ravi Ranjan, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.12.2016 Transmission Date NA