Allowed

Ram Babu Ram @ Ram Babu v. the State of Bihar and Ors.

Patna HC24 Jun 2013CWJC/15655/2010

Case brief

AI extract

What is this about?

The court held that the petitioner has sufficient reason to claim indulgence on delay or limitation before the appellate authority in an encroachment case. The appeal was allowed, the order was kept in abeyance if the appeal is filed within four weeks, and the writ was disposed of with observations.

What did the court decide?

Petitioner is free to file an appeal within four weeks; the Circle Officer's order to be kept in abeyance till the District Magistrate decides the appeal.

Ram Babu Ram @ Ram Babu Vs the State of Bihar and Ors. — Writ and Judicial Review | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15655 of 2010

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Ram Babu Ram @ Ram Babu S/O Late Biltu Ram R/O MohallaSuratganj, Ward No. 13/8, Under Nagar Parishad, Madhubani, P.S. + Distt.Madhubani

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.... .... Petitioner/s Versus

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The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2. The Principal Secretary, Department Of Land Reforms, Government Of Bihar, Patna

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The District Magistrate, Madhubani 4. The Circle Officer, Rahika, Distt.- Madhubani

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The Block Development Officer, Rahika, Distt.- Madhubani

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.... .... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Pramod Mishra For the Respondent/s : Mr. (Sc4)

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====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER

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6 24-06-2013 Since only after the intervention of the High Court, the so-called order passed in Encroachment Case No.15/2010-11 was produced by the Circle Officer and that too after his personal appearance was ordered by the Court, petitioner has sufficient reason now to claim indulgence on the question of delay or limitation if he moves the appellate authority.

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Petitioner is free to file an appeal against the order of the Circle Officer passed in encroachment case before the appellate authority. The appellate authority will decide the matter on merits and not dismiss the same on the ground of any delay or laches in view of the observation of this Court passed in the earlier

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Patna High Court CWJC No.15655 of 2010 (6) dt.24-06-2013

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part of the order. All the reasons, which are sought to be placed before this Court in support of the writ, can very well be urged before the appellate authority. Petitioner is free to produce all such evidence and orders, which support him in this regard, which will be duly considered and decided within a reasonable time frame. If the petitioner files an appeal within four weeks from today, the order passed by the Circle Officer may not be required to be implemented and should be kept in abeyance till the District Magistrate decides his appeal.

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Writ is disposed of with observations above.

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(Ajay Kumar Tripathi, J)

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Ram Babu Ram @ Ram Babu v. the State of Bihar and Ors.

Case brief

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Ram Babu Ram @ Ram Babu v. the State of Bihar and Ors.

Case brief

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