Disposed

Ram Nandan Singh v. The State Of Bihar and Ors.

Patna HC24 Apr 2023CWJC/17030/2017

Case brief

AI extract

What is this about?

This brief oral order grants the petitioner liberty to file an appeal against the impugned order dropping encroachment proceedings within four weeks, ensuring no limitation bar impedes the appellate authority, and subsequently disposes of the writ petition on these terms.

What did the court decide?

Liberty granted to petitioner to file appropriate appeal against order dated 09.07.2016 dropping encroachment proceedings within four weeks.

Ram Nandan Singh Vs The State Of Bihar and Ors. — Landlord and Tenant | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17030 of 2017

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Ram Nandan Singh, S/o Late Yogi Singh, Resident of Village- Khaira, P.O.Khaira, P.S.- Bahadurpur O.P. Pator, District- Darbhanga.

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... ... Petitioner/s

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Versus

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The State Of Bihar through the Collector, Darbhanga

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The District Collector, Darbhanga, District- Darbhanga.

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The Anchal Adhikari, Bahadurpur Anchal, District- Darbhanga.

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Shri Ram Kishore Singh, S/o Late Baleshwar Singh, Resident of VillageKhaira, P.S.- Bahadurpur, District- Darbhanga.

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... ... Respondent/s

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

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For the Petitioner/s : Mr. Anju Jha, Advocate For the Respondent/s : Mr. Dhurjati Kumar Prasad, G.P.-14

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 24-04-2023

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The present writ petition has been filed seeking the following relief:-

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“1.That this application is being filed for issuance of a writ in the nature of certiorari quashing the order dated 09.07.2016 passed by Anchal Adhikari, Bahadurpur, District-Darbhanga vide Record No. 10/15-16 whereby and whereunder the application filed by the petitioner before the Circle Officer for removing the encroachment of the general way (Aam Rasta) by one Sri Ram Kishore Singh (Respondent No.-4) has been rejected and further for issuance of a writ in the nature of mandamus commanding the respondents to remove the

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Patna High Court CWJC No.17030 of 2017(2) dt.24-04-2023 2/2

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encroachment by respondent no.-4 over the land used as the general way by the public of the village since long.”

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At the outset, the learned counsel for the

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petitioner seeks liberty on behalf of the petitioner to challenge the order dated 09-07-2016 passed by the Circle Officer, Bahadurpur, District- Darbhanga, in connection with Encroachment Case No. 10 of 2015-16, whereby and whereunder the encroachment proceedings in question have been dropped, by filing appropriate appeal. Liberty so sought is granted.

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It is needless to state that in case appropriate appeal is filed within a period of four weeks from today, the same shall be decided on merits without the appellate authority being impeded by the issue of limitation.

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The writ petition stands disposed off on the aforesaid terms.

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(Mohit Kumar Shah, J)

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S.Sb/-

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Ram Nandan Singh v. The State Of Bihar and Ors.

Case brief

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Ram Nandan Singh v. The State Of Bihar and Ors.

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