IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3180 of 2007 JANARDAN SAHU Versus THE STATE OF BIHAR & ORS ----------- For the petitioner: Mr. Gajendra Prasad Yadav, Advocate For the State: Ms. Kalpana, AC to SC XXII --- 4 3/3/2010 This is an application for restoration of CWJC. No.14947 of 2006. To appreciate whether this can be ever treated as an application for restoration, it is appropriate to reproduce the order dated 6.12.2006: “It appears that in terms of the provision of Section 3 of the Bihar Public Land Encroachment Act, 1956 (Act), the petitioner has already moved, which is numbered as Encroachment Case no.12/1997-98, as contained in Annexure -3 to the writ petition, and the report has been submitted but that report has not been implemented. In view of the aforesaid fact, the respondent no.3 the District Magistrate, Darbhanga, is directed to consider and implement the report within a period of six weeks from today failing which it will be open to the petitioner to revive this petition. With this observation, this petition shall stand disposed of at the threshold. Notice is discharged.” In our considered opinion, even granting extreme latitude to the petitioner it can never be conceived in the remotest manner as an application for restoration. Thus, the application being misconceived 2 stands dismissed. Neyaz/ (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)