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Patna High CourtCWJC/14249/2016disposed

Dilip Sharma v. The State Of Bihar And ORS

2018-10-05Mr. Justice Madhuresh Prasad,Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14249 of 2016 ====================================================== Dilip Sharma ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Shankar Das, Advocate For the Respondent/s :

Mr. Vijay Kumar Verma, AC to GA-2 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) Date : 05-10-2018 Heard parties.

It is urged on behalf of the petitioner that Appeal No.116/2015-16, which has been preferred against the final order under encroachment directing the writ petitioner to remove the encroachment, is still pending before the Collector, Banka which may be ordered to be disposed of as the writ petitioner has already been dispossessed during the pendency of the appeal. In such a situation, this Court would direct the Collector, Banka to dispose of the aforesaid appeal on its own merit and in accordance with law after granting reasonable opportunity to all the concerned within a period of three months from the date of receipt/production of a copy of this order.

Patna High Court CWJC No.14249 of 2016 dt.05-10-2018 2/2 In case the appeal is decided in favour of the petitioner then it will be open to him to take necessary steps in accordance with law which may be available to him in law as he claims that he has been dispossessed during the pendency of the appeal. (Dr. Ravi Ranjan, J) ( Madhuresh Prasad, J) V.K.Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 25.10.2018 Transmission Date N.A.