An oral judgment disposing of an interlocutory application for condonation of delay in filing a Letters Patent Appeal and dismissing the appeal against the dismissal of a writ petition.
Condonation of 3 days delay in filing the appeal allowed; Letters Patent Appeal dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.994 of 2015 Arising out of
Civil Writ Jurisdiction Case No. 4499 of 2014
=========================================================== Bijvanti Devi, W/o Sri Raj Kumar, resident of Mohalla Belwarganj, P.S. Alamganj, Dist-Patna-800007 A/P Sai Takia, I.D.H. Colony, P.S. Alamganj, Dist- Patna800007.
.... .... Appellant/s
Versus
.... .... Respondent/s
===========================================================
Appearance : For the Appellant/s :
For the Respondent/s : Mrs. Alka Verma, A.C. to S.C. 17
=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 15-09-2016
Re.:I.A. No. 4139 of 2015
The application is for condonation of delay of 3 days in
Patna High Court LPA No.994 of 2015 dt.15-09-2016
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filing the Letters Patent Appeal.
Re.: L.P.A. No. 994 of 2015
The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court on 3rd of December, 2014 in C.W.J.C. No. 4499 of 2014 when the writ application was disposed of on the statement of learned counsel for the appellant that the alleged encroachments have been removed by the respondents and that appellant shall seek her remedy before the Civil Court of competent jurisdiction for declaration of her title over the land in question.
Patna High Court LPA No.994 of 2015 dt.15-09-2016
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found within the premises of Nalanda Medical College and Hospital.
(Hemant Gupta, J)
(Ahsanuddin Amanullah, J)
P.K.P. N.A.F.R.
U
2 issues framed by the court
Whether the disposal of the writ petition on the basis of the appellant's willingness to pursue civil proceedings warrants interference in the Letters Patent jurisdiction.
Whether there is any interference called for in the appecellant's appeal against the single bench order.
Bijvanti Devi
State of Bihar through the Principal Secretary, Land Reforms Department
The Collector, Patna
The Add. Collector Sadar, Patna
The Circle Officer, Sadar, Patna
The District Land Acquisition Officer, Patna
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
