The Patna High Court disposed of a writ application by directing the appellate authority to decide an ongoing encroachment appeal within eight weeks, noting the petitioner's lack of cooperation, without ruling on merits.
Direction to appellate authority to dispose of Appeal No.119 of 2008 within eight weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18924 of 2010
====================================================== Rama Devi Age 60 Years W/O Late Kailash Chaudhary Vill.- Chaklokalan, P.S.- Dalsinghsarai, Distt.- Samastipur
.... .... Petitioner Versus 1. The State Of Bihar Through The Secretary Cum Commissioner Department Of Urban Development Govt. Of Bihar, Patna 2. The Collector, Samastipur 3. The S.D.O, Dalsinghsarai, Samastipur 4. The Anchal Adhikari, Dalsinghsarai, Samastipur 5. Jitendra Kumar Sah S/O Late Surendra Sah, Sahoo Store, Vill.Chaklakalam, P.S.- Dalsinghsarai, Distt- Samastipur
.... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Rajani Kant Pathak, Advocate For the State : Mr. Birendra Kumar, A.C. to S.C.12 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER
2 29-04-2013 From the counter affidavit filed on behalf of the State
respondent, it appears that Appeal No.119 of 2008 filed by the respondent no.5 against the order dated 8.5.2008 passed by the respondent no.4 in Land Encroachment Case No.04 of 2007-08 directing for removal of encroachment is still pending.
It is submitted that in the appeal, the husband of the petitioner was impleaded as party respondent. During the pendency thereof, her husband died. Thereafter, the petitioner was substituted in his place. However, though she has appeared in the appeal but is not co-operating in the matter.
In above view of the matter, this writ application is
Patna High Court CWJC No.18924 of 2010 (2) dt.29-04-2013
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being disposed of with a direction to the appellate authority to dispose of the Appeal No.119 of 2008 after hearing all the concerned and affected parties within eight weeks from the date of production of a certified copy of this order by the petitioner. However, in case the petitioner or any other party does not appear on the dates fixed then the appellate authority would be at liberty to proceed in accordance with law. It is made clear that this Court has not formed or expressed any opinion with regard to the merit of the case of the parties.
(Dr. Ravi Ranjan, J)
N.H./-
Rama Devi
The State Of Bihar Through The Secretary Cum Commissioner Department Of Urban Development Govt. Of Bihar, Patna
The Collector, Samastipur
The S.D.O, Dalsinghsarai, Samastipur
The Anchal Adhikari, Dalsinghsarai, Samastipur
Jitendra Kumar Sah
Dr. Ravi Ranjan
As recorded by the court registry
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