Appeal against non-suit due to delay in challenging a 1988 order cancelling Jamabandi. Single Judge rejected appellant's claim of recent knowledge as he obtained a certified copy years prior.
The Letters Patent Appeal was dismissed, affirming the non-suit order of the Single Judge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.469 of 2019 In
Civil Writ Jurisdiction Case No.18285 of 2016
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Ratni Devi W/o Jagdish Sahu Resident of Hajipur, Ward No. 17, Khagaria, P.O. District-Khagaria
... ... Appellant/s
Versus
... ... Respondent/s
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Appearance : For the Appellant/s : Mr.Shekhar Kumar Singh, Adv. For the Respondent/s : Mr. Ashif Kalim
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and
HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 10-11-2022
Heard Mr. Shekhar Kumar Singh, learned counsel
for the appellant and Mr. Ashif Kalim for the State.
The appellant stands aggrieved by the order passed
by the Deputy Collector, Land Reforms, Khagaria in Jamabandi Cancellation Case No. 1/1987-88 which was passed on 02.08.1988.
Patna High Court L.P.A No.469 of 2019 dt.10-11-2022 2/3
The case of the appellant that he was never noticed before the cancellation of Jamabandi was repelled by the learned Single Judge on the sole ground that an order passed in the 1988 was sought to be challenged in the year 2016.
The contention of the appellant before the learned Single Judge that he had come to know about the order only in the year 2014 was not believed for the reason that the appellant was found to have obtained the certified copy of the order on 12.08.1988.
Apart from this, after having gone thorough the order dated 02.08.1988, it appears that the Ex-Jamindar had wrongly settled the land in favour of some persons, who ultimately had settled it in favour of the appellant. The land has been shown in the revenue record as a public land which could not have been settled by any person.
For these reasons viz. an inordinate delay in approaching this Court and the explanation offered by the petitioner for explaining such delay having been rejected and there being no right of Ex-Jamindar to ever settle the government land in favour of any person, we are not inclined
Patna High Court L.P.A No.469 of 2019 dt.10-11-2022 3/3
to interfere with the order by which the appellant has been
non-suited on the ground of delay.
The appeal is dismissed.
(Ashutosh Kumar, J)
( Nawneet Kumar Pandey, J)
rishi/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 14.11.2022 |
| Transmission Date |
2 issues framed by the court
Whether the substantial delay in approaching this court warrants dismissal of the appeal.
Whether the Ex-Jamindar had the right to settle government land in favour of any person.
Ratni Devi W/o Jagdish Sahu
The State of Bihar
The District Magistrate Khagaria
The Deputy Collector Land Reforms Department Khagaria
The Circle Officer Khagaria
ASHUTOSH KUMAR
NAWNEET KUMAR PANDEY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
