IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.868 of 2011
In
(CIVIL WRIT JURISDICTION CASE 9343/2010)
Shankar Prasad
Versus
Rajan Prasad & Ors
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4 16-9-2011 After hearing learned counsel for the appellant,
we find that even as a member of general public he has
sufficient interest in ensuring that the land in question, if it
is a public land, is kept free from unauthorized occupation.
In that view of the matter, the prayer made in I.A. No. 3798
of 2011 to permit the appellant to maintain this appeal,
although he was not party to the writ proceeding, is allowed.
Issue notice in the limitation matter as well as in
appeal upon respondent nos. 1 and 2, for which requisite by
ordinary process must be filed within one week, failing
which the memorandum of appeal shall stand dismissed
without further reference to a Bench.
No notice need be issued to other respondents as
they are officials.
Let two copies of the limitation petition as well as
memorandum of appeal be served in the office of Advocate
General, Bihar, Patna within one week, failing which the
memorandum of appeal shall stand dismissed without
2
further reference to a Bench.
Until further orders, let status quo be maintained
in respect of the land in question.
Rule is made returnable within eight weeks.
Put up after service of notice.
( Shiva Kirti Singh, J.)
( Shivaji Pandey, J)
Naresh