IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15817 of 2008 NARENDRA KUMAR SINGH, SON OF SHRI R.G. SINGH, RESIDENT OF MOHALLA JUDGES COLONY, BAIKUNTH VIHAR, R.P.S. MOD, BAILEY ROAD, P.O. DANAPUR P.S. DANAPUR DISTT. PATNA. Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, URBANE DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIATE, PATNA. 2. THE PRINCIPAL SECRETARY, URBANE DEVELOPMENT DEPARTMENT, GOVERNEMNT OF BIHAR, NEW SECRETARIATE, PATNA. 3. THE DISTRICT MAGISTRATE, PATNA. 4. NAGAR PARISHAD, DANAPUR NIZAMAT THORUGH ITS EXECUTIVE OFFICER, DANAPUR DISTT. PATNA. 5. EXECUTIVE OFFICER, NAGAR PARISHAD, DANAPUR NIZAMAT, DANAPUR, DISTT. PATNA. 6. MANOJ SINGH, S/0 SHRI DEEP NARAYAN SINGH, RESIDENT OF JUDGES COLONY, BAIKUNTH VIHAR, R.P.S. MOD, BAILEY ROAD, P.O. DANAPUR, P.S. DANAPUR, DISTT. PATNA. ----------- 03. 17.01.2011 Having heard counsel for the parties and having perused the counter affidavit filed by the Executive Officer, Nagar Parishad, Danapur Nizamat, whereunder it has been stated that the lands in question is not public land within the meaning of Public Land Encroachment Act, which assertion of the Executive Officer is being disputed by the counsel for the petitioner with reference to the information received under the Right to information Act vide letter No.543 dated 7.8.2008, petitioner is granted liberty to challenge the order dated 24.6.2008 passed in Encroachment Case No.01 of 2008-09, Annexure-D to the counter affidavit before the appellate authority. As the petitioner has come to learn about order dated 24.6.2008 in these proceedings by way of counter affidavit, it is directed that the appellate authority should condone the delay in filing the memo of appeal against the order dated 24.6.2008 and consider the same on merit in the light of the information furnished under letter no.543 dated 7.8.2008. Application stands disposed of. Rajesh/ (V.N. Sinha, J.)