Patna High Court
Vijay Pandey vs The State Of Bihar on 25 June, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.143 of 2025
In
Civil Writ Jurisdiction Case No.19724 of 2024
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1. Vijay Pandey Son of Vindhyachal Pandey Resident of Village-Mehadiya
Bhaisahi, P.O. Pokhariya Rai, P.S. Chanpatiya, District- West Champaran.
2. Vindhyachal Pandey Son of Late Bhola Pandey Resident of Village-
Mehadiya, Bhaisahi, P.O. Pokhariya Rai, P.S. Chanpatiya, District-West
Champaran.
3. Ajay Pandey Son of Vindhyachal Pandey and Presently Posted as BSF
Officers at Indo-China Border)
4. Jitendra Pandey Son of Vindhyachal Pandey and Presently Posted as BSF
Officers at Indo-China Border)
... ... Appellant/s
Versus
1. The State of Bihar through Collector, West Champaran at Bettiah.
2. The Collector, West Champaran at Bettiah.
3. The Sub-Divisional Officer, Bettiah, West Champaran.
4. The L.R.D.C., Bettiah West Champaran.
5. The Circle Officer, Chanpatiya, District-West Champaran.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Rudrank Shivam Singh, Advocate
For the Respondent/s : Mr.Additional Advocate General-12
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 25-06-2025
The learned counsel for the appellants/applicants
presses I.A. No. 02 of 2025 seeking condonation of delay of
4 days in preferring this appeal.
Patna High Court L.P.A No.143 of 2025 dt.25-06-2025
2. For the reasons stated in the Interlocutory
Application, the delay of 4 days in preferring this appeal is
condoned.
3. The Interlocutory Application No. 02 of 2025
stands allowed.
4. On the prayer of the writ-petitioner, the learned
Single Judge vide his judgment dated 07.01.2025, without
noticing the appellants who were one of the parties in the
encroachment case, directed the Circle Officer to conclude
the proceedings, if yet not concluded, within a period of six
weeks from the date of receipt/production of a copy of that
order.
5. We fail to understand as to how this order
would in anyway prejudice the case of the appellants herein.
6. In order to allay his fears, we can only add that
in case the appellants have not filed their representation
before the Circle Officer, they would be given an
opportunity to do so and the Circle Officer shall pass a final
order within the stipulated time, but only after hearing the
parties and giving reasons for his decision.
Patna High Court L.P.A No.143 of 2025 dt.25-06-2025
7. With the aforenoted modification in the
impugned judgment, this appeal is disposed off.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
P.K.P./-
AFR/NAFR
CAV DATE
Uploading Date 26.06.2025
Transmission Date
