SIDHESHWAR PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Vikram Singh for the petitioner, counsel for private respondent no.5 as well as the State.

(2.) Parties have exchanged pleadings.

(3.) The petitioner is aggrieved by the order dated 04.05.2012/19.05.2012/02.07.2012 passed by the Executive Officer, Lakhisarai in Case No.01 of 2011-12. By the said order, the petitioner (the second party to the proceeding) was found to have encroached upon the land which was utilized as road on being registered in the name of the Hon'ble Governor of Bihar. The said road exists on khesra no.274/ 276 of khata no.70 within ward old no.7 of the Nagar Prishad Lakhisarai. It appears, on perusal of the pleadings on record, the said matter remained pending for disposal since 1997 after a notice in this regard (Annexure-3) having been issued to the petitioner on 19.11.1997. The protraction/procrastination of the proceeding propelled both the parties to approach this Court seeking appropriate relief. The private respondent no.5 herein filed a writ petition vide CWJC No. 817 of 1998 which was disposed of on 20.07.1999 by the following order:-