Ram Dev Darve v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1139 of 2023 In Civil Writ Jurisdiction Case No.17358 of 2022 ====================================================== Ram Dev Darve S/o Lt. Bhangi Darve Resident of Village- Bihariganj, Ward No. 04, P.S. and Anchal- Bihariganj, District- Madhepura. ... ... Appellant/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2.

The Commissioner-cum- Secretary, Department of Revenue, Govt. of Bihar, Patna.

3.

The Collector-cum- District Magistrate, Madhepura. 4.

The Additional Collector cum Additional District Magistrate, Madhepura. 5.

The Circle Officer, Bihariganj.

6.

Maheshwari Darve S/o Late Anup Lal Darve Resident of Bihariganj, Ward No.04, P.S. and Anchal-Bihariganj, District- Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Santosh Kumar Singh, Advocate For the State :

Mr. Md. Khurshid Alam, AAG-12 For Respondent No. 6 :

Mr. Jitendra Kumar, Advocate Mr. Ranjan Kumar, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 27-06-2025 Re. I.A. No. 01 of 2024 :

The learned Advocate for the appellant presses the aforesaid interlocutory application for condoning the delay of 58 days in preferring this appeal.

Patna High Court L.P.A No.1139 of 2023 dt.27-06-2025 2/3

2. For the reasons stated in the application, the delay of 58 days in preferring this appeal is, hereby, condoned.

3. I.A. No. 01 of 2024 stands allowed.

Re. L.P.A. No. 1139 of 2023 :

4. The writ petitioner had approached this Court for a direction to the respondents to remove encroachment from public land, the details of which was provided in the writ petition.

5. On the asking of the writ petitioner, he was permitted by the impugned judgment dated 26.06.2023 to appear before the Circle Officer and file appropriate petition under the Bihar Public Land Encroachment Act, 1956 and the concerned Officer was also directed to consider the same and pass a reasoned order within a stipulated period of time.

6. This judgment does not prejudice the appellant in any manner whatsoever.

7. All that we can add to the judgment impugned

Patna High Court L.P.A No.1139 of 2023 dt.27-06-2025 3/3 is that the Circle Officer, before passing any order, shall hear out the appellant as well and any order passed in the petition shall be communicated to him forthwith.

8. The order stands modified accordingly.

9. The appeal stands disposed off.

(Ashutosh Kumar, ACJ) (Partha Sarthy, J) Sauravkrsinha/ KrishnaAFR/NAFR NAFR CAV DATE NA Uploading Date 30.06.2025 Transmission Date NA