The State Of Bihar And ORS v. Anil Kumar Srivastav

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.601 of 2005 ======================================================

1. The State of Bihar.

2. The Secretary, Water resources Department (Irrigation), Government of Bihar, Patna.

3. The Director, Land Acquisition and Rehabilitation, Water Resources Department, Government of Bihar, Patna.

... ...Respondents-Appellants

Versus

Anil Kumar Shrivastav, Son of late Paras Nath Sahay, Resident of VillageChougain, P.S.- Karakat, District-Rohtas. ... ... Petitioner-Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. S. D. Yadav, AAG-9 For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 13-11-2020 Appellant-State of Bihar has challenged the order dated 10.3.2005 passed by learned Single Judge of this Court in CWJC No. 3435 of 2000, titled as Anil Kumar Srivastav vs. The State of Bihar & others.

On 20.6.2005 the present appeal has been preferred before this Court. This Court on 23.11.2005 and 16.4.2009 had passed the following orders :- "23.11.2005- Having heard the learned counsel appearing for the parties and

Patna High Court L.P.A No.601 of 2005 dt.13-11-2020 2/3 considered the averments made in the limitation petition, the delay of 39 days in filing the Letters Patent Appeal is concerned, and I.A. No. 2813/2005 is accordingly allowed.

In view of the interim order recorded by the Hon'ble Supreme Court in S.L.P.

(Civil) No. 7233-7235/2003 in similar matter, which is awaiting adjudication, it is rightly submitted to await the decision in the said matter. Hence, it is adjourned.

It shall be open for the parties to move this Court after the decision is rendered."

"16.04.2009- In view of the earlier order and the office note, let this matter be listed after disposal of Civil Appeal Nos.

5682-5684 of 2004 pending before the Hon'ble Supreme Court. Any of the parties will be free to mention this matter after the disposal of the said matter."

As per case status report issued from the website of Hon'ble Supreme Court of India, Civil Appeal Nos. 005682005684/2004 titled as Siyaram Chaudhary & Ors. Vs. State of Bihar & Ors., stand disposed of.

The present appeal pertains to the year 2005 and as such being an old matter was listed before this Court. Yesterday the matter was passed over enabling

Patna High Court L.P.A No.601 of 2005 dt.13-11-2020 3/3 learned counsel for the parties to ascertain the latest status. Today, an adjourned is prayed for.

We see no reason as to why the matter be adjourned. As such, we dispose of the present appeal making the parties bound by the directions issued in the Civil Appeals by Hon'ble the Supreme Court of India.

Appeal stands disposed of.

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