Dismissed

Dilip Kumar Sinha, v. The State of Bihar

Patna HC5 Mar 2021CWJC/5961/2020

Case brief

AI extract

What is this about?

In an encroachment case, the Patna High Court held that the petitioner should have approached the appellate authority before filing the writ petition. The court disposed of the writ petition, directing the petitioner to file an appeal with a stay petition, and ordered status quo pending appellate decision.

What did the court decide?

Petitioner relegated to approach appellate authority filed appeal with stay petition; status quo maintained pending appellate decision.

Dilip Kumar Sinha, Vs The State of Bihar — Land Acquisition | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5961 of 2020

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Dilip Kumar Sinha, Son of Late Pashupati Sahay, @ Pashupatinath Sahay Resident of Village - Phulwaria-1, Police Station - Phulwaria, DistrictBegusarai.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

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The Divisional Commissioner, Munger.

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The District Magistrate, Begusarai,

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The Additional Collector, Begusarai.

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The Deputy Collector Land Refors, Begusarai.

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The Circle officer, Teghra, District - Begusarai.

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Basukinath Mishra, Son of late Kashinath Mishra, Resident of Village - Phulwaria-1, Police Station - Phulwaria, District - Begusarai.

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Pranav Kumar, Son of late Bishwanath Prasad, Resident of Village - Phulwaria-1, Police Station - Phulwaria, District - Begusarai.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Rama Kant Sharma, Sr. Advocate Mr.Lakshmi Kant Sharma, Advocate For the Respondent/s : Mr.Sajid Salim Khan ( Sc25 ) ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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2 05-03-2021 Heard learned counsel for the petitioner and the

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State.

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The petitioner has challenged the order dated 23.12.2019 passed by the Circle Officer, Teghra in Encroachment Case No. 04 of 20161-7 which is appealable one.

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In view of the above, the petitioner is relegated to approach the appellate authority against the order impugned.

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In the event the petitioner files appeal along with a

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Patna High Court CWJC No.5961 of 2020(2) dt.05-03-2021 2/2

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copy of this order, the appellate authority shall condone the delay in filing the appeal and decide the appeal on its own merit. The petitioner shall also file a petition for interim stay before the appellate authority.

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Until decision on the application for stay by the appellate authority, the respondents shall maintain status quo as is existing today.

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With the aforesaid, the writ petition stands disposed

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of.

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(Anil Kumar Upadhyay, J)

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spandey/-

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Dilip Kumar Sinha, v. The State of Bihar

Case brief

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Dilip Kumar Sinha, v. The State of Bihar

Case brief

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