High CourtsDivision Bench(2022) 06 PAT CK 0045

Sanjay Sah @ Sanjay Kumar vs State Of Bihar

Patna High Court · Decided on 27 June 2022

HON’BLE JUDGES
Ashutosh Kumar, J · Jitendra Kumar, J
RESULT
Disposed Of
CASE NUMBER
Letters Patent Appeal No. 304 Of 2021 In Miscellaneous Jurisdiction Case No. 564 Of 2021

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Judgment

7 paragraphs · 207 words

Heard Mr. S. Azeem, learned Advocate for the appellant and Mr. Bishambhar Nath for the State.

An encroachment proceeding was initiated against the appellant by the Circle Officer, Daniyawan, Patna, against which he had approached this Court vide C.W.J.C. No.1620 of 2020, when a learned Single Judge of this Court permitted him to withdraw the writ application, as it had become infructuous with the proceedings having begun.

An attempt was made by the appellant to have such order modified to the extent that a time limit be prescribed by this Court for the authorities to conclude the proceedings.

The learned Single Judge vide his order dated 18.03.2021 refused to modify the order and left the time for concluding such proceedings open-ended.

Mr. Azeem, learned Counsel for the appellant submits that without any direction from this Court, the proceedings would be kept unnecessarily pending for a long time.

Such an apprehension on the part of the appellant, though, may not be justified but considering the circumstances of this case, we direct the concerned authorities to conclude the proceedings within a reasonable period of time, preferably within a period of four months from the date of receipt/production of a copy of this order.

The appeal stands disposed of accordingly.