IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.788 of 2010 1. STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. I.G. REGISTRATION, BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE CUM COLLECTOR, GAYA. 4. THE DISTRICT SUB REGISTRAR, REGISTRARY, GAYA. 5. THE COMMISSIONER, MAGADH DIVISION, GAYA … Appellants (Respondents) Versus 1. SANDEEP KUMAR, S/O SRI HARI LAL, R/O MOHALLA - GURUDWARA ROAD,P.S.- KOTWALI, DISTRICT- GAYA. 2. ANUJ KUMAR, S/O SRI BABAN SINGH, R/O GURUDWARA ROAD, NAGBANSI SAHAY LANE,P.S. KOTWALI, DISTRICT- GAYA. 3. VIKASH KUMAR JYOTI, S/O SRI ANUJ KUMAR, R/O MOHALLA-MANYA GHAT,P.S.- KOTWALI, DISTRICT- GAYA … Respondents(Writ petitioners) ----------- 2. 7.5.2010 Heard Mr. Ramadhar Tiwari, learned counsel for the appellant-State. In this intra-Court appeal challenge is to the order dated 2.4.2010 passed by the learned Single Judge in C.W.J.C.No. 12216/2009, whereby the learned Single Judge taking note of the fact that the counter affidavit was not filed has passed the following order: “ In such a situation, I cannot but think that State is trying to avoid placing on record material facts to enable this Court to come a decision in the matter. In such circumstances, this application will be heard. The notification fixing values of properties for the purpose of registration in Gaya, as 2 fixed in the year 2008-09 would continue to apply and notifications issued thereafter shall be kept in abeyance, till further orders of this Court. Put up this case under the heading “For Orders” no sooner a comprehensive affidavit is filed by the State as was required to reconsider the interim order.” In view of aforesaid, we are only inclined to state that the counter affidavit be filed within ten days hence and the learned Single Judge is requested to dispose of the writ petition by 15th July, 2010. We may repeat at the cost of repetition that such a request is made regard being had to the nature of stay order passed by the learned Single Judge and also regard being had to the nature of controversy involved in the writ petition. The appeal is disposed of accordingly. (Dipak Misra,C.J.) (Mihir Kumar Jha,J.) Surendra/ 3