Mithlesh Kumar Singh @ Mithilesh ... vs The State Of Bihar
2021 Latest Caselaw 1951 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.8864 of 2020
     ======================================================

Mithlesh Kumar Singh @ Mithilesh Kumar Singh Son of Late Ram Janam Singh Resident of Village- Kumhau, P.S.- Sheo Sagar, District- Rohtas (Bihar).

... ... Petitioner/s Versus

1. The State of Bihar through the District Magistrate, Rohtas at Sasaram.

2. The Circle Officer, Sheo Sagar Anchal, District- Rohtas.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhanendra Chaubey, Advocate For the State : Mr. Mukul Prasad.Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 15-04-2021

Heard learned counsel for the petitioner and learned

counsel for the State through video conference. Learned counsel

for the petitioner undertakes that all defects pointed out by the

Stamp Reporter shall be removed, and compliance with the

conditions of the notices of this Court with regard to acceptance

of e-filing shall be made, without delay immediately upon

resumption of normal physical functioning of the Court, and in

any event within one month thereof.

2. The present writ petition has been filed for "issuing

appropriate writ, order or directions to the respondents to keep

the Encroachment Case No. 03 of 2019-20 pending till the hearing

of Title Suit No. 286 of 2020 and injunction petition filed therein

under Order XXXIX, Rule 1 and 2 of the Code of Civil Procedure and Patna High Court CWJC No.8864 of 2020 dt.15-04-2021

further to pass an appropriate order for restraining the

respondents not to demolish the house of the petitioner till the

adjudication of Title Suit No. 286 of 2020; and for any other

relief(s) be granted for which he is found entitled to."

3. Without going into the detailed merits of the

submissions of the petitioner, this Court takes note that the

petitioner does not appear to have responded to the impugned

notices for demolition as contained in Annexure-1 and

Annexure-2 series issued by the Circle Officer, Sheo Sagar Anchal,

District Rohtas (Respondent No. 2 ).

4. Learned counsel for the State appears and has been

heard.

5. Having regard to the nature of the grievance of the

petitioner, the writ petition is disposed of granting liberty to the

petitioner to approach the Circle Officer, Sheo Sagar Anchal,

District Rohtas (Respondent No. 2 ) with an appropriate petition

for redressal of his grievances. If any such petition is filed within

a period of one week from today, the same shall be considered

and disposed of in accordance with law after grant of an

opportunity of hearing to the petitioner, within a further period

of eight weeks thereafter. To enable disposal, the petitioner shall

furnish his mobile number and email ID to the respondent no. 2

within a week from today.

6. It is made clear that in view of the ongoing Covid-19 Patna High Court CWJC No.8864 of 2020 dt.15-04-2021

pandemic, any correspondence between the parties may be made

through email and the petitioner shall be at liberty to request for

hearing through video conference.

7. Office shall follow-up to ensure that all defects are

removed and compliance with the notices of this Court are made

by the petitioner within the stipulated time provided in para 1

hereinabove, failing which the matter shall be brought to the

notice of this Court.

(Vikash Jain, J)

Chandran/-

AFR/NAFR                NAFR
CAV DATE                -
Uploading Date          17.04.2021
Transmission Date       -