IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.393 of 2006
KOMAL CHOUDHARY, SON OF SOHRAI CHOUDHARY, RESIDENT
OF VILLAGE- MANJHAULI, P.S.- BIKRAM, DISTRICT- PATNA :--- PETITIONER.
Versus
1. THE STATE OF BIHAR
2. THE DISTRICT MAGISTRATE, PATNA.
3. THE CIRCLE OFFICER, BIKRAM, DISTRICT- PATNA.
4. SHIV NANDAN MANDAL, SON OF LATE ATWAR SINGH, RESIDENT
OF VILLAGE- MANJHOLI, P.S.- BIKRAM, DISTRICT- PATNA :---
RESPONDENTS.
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2. 18.01.2011. Heard learned counsel for the
petitioner and the State.
2. During the pendency of
Encroachment Appeal No. 03/2000 before
the District Magistrate, Patna petitioner
was removed from the lands-in-question in
compliance of the orders of this Court
dated 09.11.2004 passed in C.W.J.C.No.
3006 of 2004. This writ petition has been
filed praying, inter alia, to direct the
appellate authority to restore his
possession during the pendency of the
appeal as also to dispose of the appeal at
an early date.
3. So far disposal of the appeal is
concerned, this Court deems it appropriate
to direct the appellate authority to dispose
of Land Encroachment Appeal No.
-2-
03/2000, as early as possible, in any case
within a period of two months from the
date of receipt/production of a copy of this
order by the appellate authority. So far
prayer of the petitioner for restoration of
the possession of the petitioner over the
lands-in-question during the pendency of
the appeal is concerned, such request can
be considered only if petitioner seeks
review of Order No. 02 dated 09.11.2004
passed in C.W.J.C. No. 3006 of 2004.
4. The writ application is,
accordingly, disposed of.
(V.N.Sinha,J.)
P.K.P.