Sandesh Mahto And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18446 of 2016 ===========================================================

1. Sandesh Mahto, Son of Mahesh Mahto

2. Amichan Mahto, Son of Sona Mahto.

3. Asesar Rai, Son of Ati Rai All residents of Village- Bagahan, P.S.- Basantpur, District- Siwan. .... .... Petitioners

Versus

1. The State of Bihar.

2. The District Magistrate, Siwan.

3. The Deputy Collector Land Reforms, Maharajganj, Siwan.

4. The Circle Officer, Basantpur, Siwan.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate For the Respondent/s : AC to SC25 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 19-11-2016 Heard parties.

It appears that the petitioners have approached this Court without availing alternative remedy of statutory appeal. However, learned counsel for the petitioners now submits that they want to prefer an appeal against the final order which has been passed in the encroachment case concerned.

Accordingly, this writ application is being disposed of granting liberty to the petitioners to avail the remedy of statutory appeal. If such appeal is preferred within a period of one month, then let the same be considered and decided on its own merit and in accordance with law.

Patna High Court CWJC No.18446 of 2016 dt.19-11-2016 2/2 Till 30 days, let no coercive action be taken against the petitioners. Thereafter, it would be open to the petitioners to make such prayer for grant of interim relief before the appellate authority itself which would pass necessary orders on its own merit without being prejudiced by the present order.

(Dr. Ravi Ranjan, J) V.K. Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 21.11.2016 Transmission Date N.A.