IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1615 of 2008 SRI KAMTA SAKHI MATH AND MAHAB Versus THE STATE OF BIHAR & ORS ----------- 2/ 12.05.2008 Heard. An encroachment proceeding was initiated against the petitioner as Encroachment Case No. 1759/M of 1987. By an order dated 2.12.1997 it was found that no encroachment was made. An appeal No. 3 of 1998-99 filed by the aggrieved party before the Collector, Patna, was allowed on 6.3.1999. The petitioner came to this Court in C.W.J.C.No. 11351 of 1999 with a grievance that the appeal was barred by limitation, and it was allowed ex-party. A Bench of this Court on 7.12.2000 set aside the order dated 6.3.1999 and remanded the matter back to the appellate authority to hear the parties and proceed afresh in accordance with law. Learned counsel submits that the appeal is still pending and has not been disposed off. Nonetheless the official respondents are purporting to act in a manner so as to interfere with his lands declared to be no encroachment in proper proceedings. Once the appellate order was set aside and the matter was remanded, till disposal of the appeal the order dated 2.12.1997 passed in Encroachment Case No. 1759M of 1987 that there was no encroachment remains operative unless it is modified or altered . This writ application is, therefore, disposed off with a direction to the appellate authority, respondent No.2, to dispose off being Encroachment Appeal No. 3 of 1998-1999 after hearing of all - 2 - concerned in accordance with law within a maximum period of three months from the date of receipt/production of the copy of this order. Pending disposal of the appeal, status quo with regard to the subject matter of Encroachment Case No.1759/M of 1987 shall be maintained. B.Tiwary/ (Navin Sinha,J)