IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14465 of 2004 BIR BAHADUR SINGH SON OF JHULAN SINGH, RESIDENT OF VILLAGE BEDUA, P.S. KUCHAIKOTE, DISTRICT- GOPALGANJ --- PETITIONER. Versus 1. THE STATE OF BIHAR, THROUGH THE COLLECTOR OF GOPALGANJ, DISTRICT- GOPALGANJ. 2. CIRCLE OFFICER, KUCHAIKOTE, DISTRICT GOPALGANJ. 3. RAM NATH SINGH SON OF MAHARAJ SINGH, RESIDENT OF VILLAGE- BADUA, P.S. KUCHAIKOTE, DISTRICT GOPALGANJ – RESPONDENTS. ----------- 4/ 20-04-2011 Heard the parties. Admittedly, the impugned order dated 20.01.2004 (Annexure-6) passed in Encroachment Case no. 4 of 2003-04 by the respondent Circle Officer, Kuchaikote in the district of Gopalganj, in terms of section 6 of the Bihar Land Encroachment Act, 1956 ( in short “the Act”) is appeallable in terms of section 11 of the Act. Prima facie this Court finds no legal infirmity in the order impugned. However, if so advised, the petitioner may file an appeal before the appellate authority under the provisions of the Act within a period of four weeks from today. If such an appeal is filed within the period prescribed by this Court and prayer for condonation of delay is made by the petitioner, then the same may be sympathetically considered and after condonation of delay, the matter shall be considered on its own merit, in accordance with law. With the aforesaid observations/directions, the writ petition stands disposed of. BTiwary/ ( Birendra Prasad Verma, J.)