Patna High CourtCWJC/11892/2014disposed

Ram Naresh Prasad v. The State Of Bihar And ORS

2019-02-25Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11892 of 2014 ====================================================== Ram Naresh Prasad son of Videshi Prasad, resident of village Jaynagara, P.O. Tilouthoo, P.S. Tilouthoo, Distt. Rohtas at Sasaram ... ... Petitioner

Versus

1. The State Of Bihar through the Secretary, Revenue and Land Refo9rms Department, Govt. of Bihar, Patna

2. The District Magistrate, Rohtas, Sasaram

3. The Addl. Collector cum Conduction Officer, Rohtas, Sasaram.

4. The Anchal Adhikari cum up Asthapan Officer, Dinara, Rohtas

5. The Commissioner, Patna Division, Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. R.C.Sinha, Mr. Jai Prakash Singh & Ms. Arti Kumari For the Respondent/s :

Mr.Gp8- Manish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-02-2019 Counsel for the petitioner is permitted to implead the Commissioner, Patna Division, as respondent No. 5. Heard learned Counsel for the petitioner and the learned Counsel for the respondent State.

Counsel for the petitioner submits that he would be filing an appeal before respondent No. 5, the Commissioner, Patna Division, Patna.

In view of the said submission and since adequate, alternative and efficacious remedy is available to the petitioner under the Bihar CCA Rules 2005 the writ petition is disposed of. If the petitioner files his appeal within four weeks, respondent No. 5 would be obliged to consider the same on merits without

Patna High Court CWJC No.11892 of 2014(2) dt.25-02-2019 2/2 raising the issue of the same being filed by delay having regard to the time spent in the instant proceeding. The writ petition stands disposed of with the aforesaid direction. The appeal of the petitioner should be disposed of by a reasoned and speaking order by respondent No. 5 within a period of three months from the date of its filing. (Madhuresh Prasad, J) SNkumar/- U