IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12468 of 2008 SWATANTRA KUMAR SINHA Versus THE STATE OF BIHAR & ORS ----------- 2. 8.9.2008 Heard learned counsel for the parties. The main prayer of the petitioner is that the residential house of the petitioner should not be demolished till the disposal of encroachment appeal no. 2/2008 pending before the Collector, Gaya, respondent no. 2 and not to implement the order dated 18.12.2007 during the pendency of the said encroachment appeal. It is stated by learned counsel for the petitioner that the petitioner had preferred the said appeal along with a prayer for stay of the order dated 18.12.2007 passed by the Circle Officer, Gaya on 7.1.2008 but neither the said appeal has been admitted nor any interim order has been passed therein. The petitioner thereafter filed a separate stay petition on 8.8.2008 which also is pending and he apprehends his residential house may be demolished even while his matters have not been considered by the appellate authority. It is submitted that a similarly situated person, Mr. Brijnandan Prasad Srivastava had preferred another encroachment appeal in which the Collector, Gaya by his order dated 27.6.2008 has stayed the process of removal of encroachment with respect to the same plot number on which the 2 residential house of the petitioner is also situated. In the above circumstances, the writ application is disposed of with a direction that until the stay petition of the petitioner in encroachment appeal no. 2/08 is decided by the Collector, Gayha and in case of its rejection for a further period of four weeks thereafter, the residential house of the petitioner shall not be demolished by the respondent-authorities pursuant to the order dated 18.12.2007. Let a copy of this order be handed over to learned Additional Advocate General No. 8. S.Pandey (Ramesh Kumar Datta, J.)