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Patna High CourtL.P.A/157/2024disposed

Thakur Leeladhar Prasad Singh v. The State Of Bihar

2025-02-11Mr. Justice Ashutosh Kumar,Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.157 of 2024 In Civil Writ Jurisdiction Case No.19876 of 2021 ====================================================== 1.

Thakur Leeladhar Prasad Singh Son of Late Ram Kripal Singh Resident of Village- Shahpur, P.S.- Sonepur, District- Saran at Chapra. 2.

Sarangdhar Prasad Singh Son of Late Ram Kripal Singh Resident of VillageShahpur, P.S.- Sonepur, District- Saran at Chapra. 3.

Sudhanshu Kumar Singh Son of Sarangdhar Prasad Singh Resident of Village- Shahpur, P.S.- Sonepur, District- Saran at Chapra. 4.

Rahul Raj Son of Sarangdhar Prasad Singh Resident of Village- Shahpur, P.S.- Sonepur, District- Saran at Chapra.

5.

Prabhakar Kumar Singh Son of Late Gangadhar Prasad Singh Resident of Village- Shahpur, P.S.- Sonepur, District- Saran at Chapra. 6.

Divakar Kumar Singh Son of Late Gangadhar Prasad Singh Resident of Village- Shahpur, P.S.- Sonepur, District- Saran at Chapra. 7.

Sudhakar Kumar Singh Son of Late Gangadhar Prasad Singh Resident of Village- Shahpur, P.S.- Sonepur, District- Saran at Chapra. ... ... Appellant/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Revenue, Government of Bihar, Patna.

2.

The District Magistrate, Saran at Chapra, District- Saran. 3.

The Circle Officer, Sonepur, District- Saran. 4.

Akhilesh Kumar Singh Son of Late Shiv Kumar Singh Resident of VillageShahpur, P.S.- Sonepur, District- Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Parashuram Singh, Advocate Mr. Ankur Kumar, Advocate For the Respondent/s :

Mr. Additional Advocate General 12 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 11-02-2025 Re.- I.A. No. 1 of 2024 :- Mr. Parashuram Singh, learned Advocate for the

Patna High Court L.P.A No.157 of 2024(4) dt.11-02-2025 2/3 appellants presses I.A. No. 1 of 2024 for condoning the delay of 45 days in preferring this appeal.

2. For the reasons stated in the application, the delay of 45 days in preferring this appeal is condoned. Re. L.P.A No. 157 of 2024.

3. By order dated 28.11.2023, a learned Single Judge of this Court in CWJC No.19876 of 2021 allowed the prayer of the writ petitioners and directed the specific parcels of land listed in the petition, to be measured by the Circle Officer.

4. The order has been challenged by the appellants on the ground that they are the shareholders of the property and therefore they ought to have been heard before such an order was passed.

5. Since the direction by the writ Court is only for measurement of land specified in the writ petition, we deem it appropriate to only modify such order to the extent that the measurement shall be done in presence of the appellants.

Patna High Court L.P.A No.157 of 2024(4) dt.11-02-2025 3/3

6. With the afore-noted modification, the appeal stands disposed of.

(Ashutosh Kumar, ACJ) (Partha Sarthy, J) Shiv/Sunil U