Makeshwar Prasad Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12012 of 2014 ====================================================== Makeshwar Prasad Yadav, Son of Late Mohan Yadav, Resident of Mohalla - Ward No.4 Krishnapuri, P.S. & District - Madhepura .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Madhepura

3. The Circle Officer, Madhepura

4. Md. Nasim

5. Md. Yusuf Both sons of Late Mazeed

6. Bibi Saijunisa wife of Late Moinuddin

7. Munchun Son of late Makhbul All Residents of Mohalla - Madhepura Ward No.3 P.S. and Town and District - Madhepura .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Yadav, Adv. For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-07-2017 Heard Mr. Binod Kumar Yadav, learned Counsel appearing on behalf of the petitioner and learned AC to AAG-13, appearing on behalf of Respondent Nos. 1 to 3. The present writ application has been filed for a direction to the respondent authorities to get the encroachment removed over a public road, pertaining to Plot No. 908/2578, 906 and part of Plot No.907, corresponding to Old Plot No. 1842, which was recorded in the C.S. Khatiyan as Bihar Sarkar Sarvsadharan.

It appears from the record that earlier, the petitioner

Patna High Court CWJC No.12012 of 2014 (2) dt.21-07-2017 2/3 came before this Court with similar relief by filing CWJC No.2917 of 2019, which was disposed of vide order dated 04.03.2009 (as contained in Annexure-6), directing Respondent No.2, the District Magistrate, Madhepura, to do the needful, with regard to Encroachment Case No.2 of 2007.

The attention of this Court has been drawn to order dated 03.03.2009, passed by the then District Magistrage, Madhepura in Encroachment Case No. 02 of 2007, whereby, the then Circle Officer, Madhepura, was directed to do the needful within a period of three months and, apprise the District Magistrate with the same. The order dated 21.03.2011 passed by the Circle Officer, Madhepura in Encroachment Case No. 02 of 2007 further reflects that for one day default on behalf of the petitioner, the encroachment case was dropped. Learned Counsel for the petitioner further submits that the said order dropping of the proceeding is appealable under section 11 of the Bihar Public Land Encroachment Act. Moreover, with regard to the land in question, Title Suit No.07 of 2009 is still pending. In the circumstances, learned Counsel appearing on behalf of the petitioner seeks permission to withdraw this application with a liberty to avail the alternative remedy of appeal within a period of three weeks.

Patna High Court CWJC No.12012 of 2014 (2) dt.21-07-2017 3/3 In the circumstances, it is expected from the Appellate Authority that if any appeal is filed along with an application for condonation of delay, the same may be considered in view of the fact that the petitioner was pursuing his remedy before this Court since16.07.2014.

Accordingly, the writ application is disposed of as withdrawn, with the aforementioned liberty.

(Dinesh Kumar Singh, J) Ashwini/- U