IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19807 of 2011 Vishnudeo Narayan Versus Smt.Ram Shringari Devi & Ors ---------------------------------- 3. 22.11.2011 Heard the petitioner in person who is also an Advocate of the Patna High Court. This application under Article 227 of the Constitution of India has been filed by the petitioner against the order dated 5.8.2011 passed by Additional Munsif – XX, Patna in Title Suit No. 8 of 2006, whereby the learned court below disposed of the petition dated 24.11.2010 filed by the petitioner praying therein to remove the survey knowing Advocate Commissioner appointed by the court for ascertaining the area of the municipal land encroached by the defendant respondent 1st party. The learned petitioner appearing in person submitted that the Pleader Commissioner has got no authority to travel beyond a writ but the Advocate Commissioner is measuring the entire land without taking a fix point and, therefore, the matter will be complicated. In such circumstances, the petitioner filed objection before the Pleader Commissioner also and requested him to first fix a point and measure the same but the Pleader Commissioner is not following the said request, thereby compelled the petitioner to file the application before this Court praying the removal of the 2 Advocate Commissioner. The learned court below without considering all these facts and circumstances of the case disposed of the petitioner’s application. From perusal of the impugned order it appears that the learned court below considered the facts of the case and then mentioned that the Pleader Commissioner has not filed any report still today and, therefore, the application is pre-mature. The objection of the petitioner can only be examined after submission of the report of the Pleader Commissioner. In such circumstances at this stage it cannot be examined as to whether the report that may be submitted by the Pleader Commissioner is contrary to the settled principles of law or that the report will be submitted without taking any fix point. The petitioner has already lodged this objection before the Pleader Commissioner and therefore it is expected that the Pleader Commissioner should consider the objection. In such view of the matter, I find no jurisdictional error in the impugned order. Accordingly, this writ application is dismissed. S.S. (Mungeshwar Sahoo, J.)