Shashi Kant Tiwary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1570 of 2007 ====================================================== Shashi Kant Tiwary .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shyam Narayan Pandey For the Respondent/s : Mr. Subhash Prasad Singh Mr. B.J.Ojha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 10-03-2015 After some argument, learned counsel for the petitioner, in presence of learned AC to GA No. 7 as well as Sri Bachan Jee Ojha, learned counsel who has appeared on behalf of private respondents /privileged person, submits that since the petitioner has directly approached this court, this writ petition may be disposed of granting liberty to the petitioner to avail remedy provided for appeal under the provisions of Bihar Privileged Persons Homestead Tenancy Act.

The prayer is allowed.

The writ petition stands disposed of with liberty to avail statutory remedy.

It is made clear that if such appeal is filed within a period of eight weeks from today, the appellate authority may exclude the period i.e. from 6.2.2007 till date while examining

Patna High Court CWJC No.1570 of 2007 (7) dt.10-03-2015 2/2 the limitation matter.

The court expects that the learned appellate authority may examine the appeal sympathetically ignoring the technical ground of limitation.

(Rakesh Kumar, J) Praful/- U