Single judge order disposing of a miscellaneous application by prioritizing pending review/writ proceedings to prevent multiplicity of litigation.
Application disposed; liberty to pursue remedy in accordance with law.
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IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3251 of 2007 BRIJ KUMAR PATHAK & ORS…………….PETITIONERS Versus
THE STATE OF BIHAR & ORS…………….OPP. PARTIES
7 30-3-2011
Heard the parties.
The writ court by annexure-1 directed the authority
to conclude the proceeding for removal of encroachment within six months. Admittedly, the proceeding was disposed
of by passing of an order dated 28-9-2010 in Encroachment Case No. 01 of 2006-07 by the Circle Officer, Simri in the
district of Buxar. It is further not in dispute that the order
dated 28-9-2010 has not been implemented because one Tarkeshwar Pathak along with another who are respondents 7
and 8 in this proceeding preferred a writ petition bearing C.W.J.C.No. 18525/2010 which has been allowed on 17-12011 and the order dated 28-9-2010 has been set aside and the matter has been remanded to the concerned authority to pass a reasoned and speaking order. Learned counsel for the
petitioners submits that petitioners are contemplating to file a review application in the aforesaid writ petition.
In the aforesaid factual back ground keeping this M.J.C. application pending will serve no useful purpose. It is
2
accordingly disposed of with liberty to the petitioner to pursue their remedy in accordance with law.
( Shiva Kirti Singh, J.)
Naresh
Brij Kumar Pathak & Ors
The State of Bihar & Ors
Shiva Kirti Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
