IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4479 of 2009 Amarnath Mishra Versus The State Of Bihar & Ors ----------- 3 05.08.2011 It is submitted that due to some defect in the computer system, the order dated 12.07.2011 which has actually been recorded in two pages but the pronounced copy of the order reflects it to be in seven pages, other five pages are blank, as a result of which, the certified copy of the order could not be supplied to the petitioner. The order dated 12.07.2011 reads as follows:- Heard learned counsels for the petitioner and the State. The present application has been filed for quashing of the order dated 26.03.2011/16.04.2007 passed by the Circle Officer, Darbhanga in Encroachment Case No. 09/2006-07, whereby, the petitioner was declared encroacher on the land appertaining to Khata No. 266 Khesra No. 5684, Ward No.6 under the Public Land Encroachment Act, 1956. The petitioner, by filing I.A. No. 4504/2011 has amended the prayers by challenging the notice issued by 2 Registrar of K.S.D.S. University, Darbhanga vide letter no. 4959-11 dated 20.06.2011 as contained in Annexure- 13 by which the petitioner was asked to vacate the premises within a period of one week or within three days from the receipt of the letter. The I.A. No. 4504/2011 is allowed. Learned counsel for the State submits that there is a provision of appeal and the petitioner has not filed any appeal, however, it is submitted by learned counsel for the petitioner that he is still in possession of the premises in question. Let the petitioner file the statutory appeal within a period of four weeks. If the petitioner has not been dispossessed till now, then he will not be dispossessed in the meantime. Let the Appellate Authority examine the question of granting interim relief keeping in view that the petitioner is in possession of the premises since long. It is expected from the Appellate Authority to consider the limitation application of the petitioner, keeping in mind that though, the order was passed by Circle Officer in the year 2007 but the writ application of 3 the petitioner was pending before this Court. With the above observation, this application is disposed off. It is expected that the petitioner and the University shall co-operate in the disposal of the appeal. The petitioner is permitted to file the Statutory appeal within further period of four weeks from the date of issuance of fresh certified copy of the order dated 12.07.2011. The order dated 12.07.2011 stands modified to the extent as indicated above. Amrendra/ (Dinesh Kumar Singh, J)