IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12991 of 2007 Md. Khalil, S/o late Md. Nizamuddin, resident of Mohalla- Waliganj, P.S. Arrah Town, District- Bhojpur. . . . . . Petitioner. Versus 1. The State of Bihar through the Secretary, Department of Revenue and Lands Reforms, Bihar, Patna. 2. The District Magistrate, Arrah (Bhojpur). 3. The Sub-Divisional Magistrate, Arrah (Bhojpur). 4. The Circle Officer, Arrah, Bhojpur. 5. The Head Master, Town High School, Arrah. 6. Md. Azad, S/o Ainual Haque, resident of Mohalla- Chiktoli, P.S. Arrah Town, District- Bhojpur. 7. Man Lal Singh, S/o Ramadhar Singh, resident of Village-Mahajan Toli No.1, P.S. Arrah Town, District- Bhojpur. . . . . Respondents. ----------- 2/ 21.10.2011 Heard learned counsel for the parties. In the instant writ application, the petitioner has prayed for setting aside the order dated 13.08.2007 passed in Encroachment Case no. 04 of 2007-08, whereby the Circle Officer, Arrah passed an order in favour of respondent no.6. It appears that petitioner has moved this Court without availing the alternative remedy of appeal. In this view of the matter, liberty is granted to the petitioner to file an appeal. As the petitioner was pursuing his remedy before this Court since 2007, the appellate authority would sympathetically consider condoning the delay. With the aforesaid observation, this application stands disposed of. Uday/ (Samarendra Pratap Singh, J.)