The court condensed a five-year delay in filing a Letters Patent Appeal against a Writ Jurisdiction dismissal. It noted concurrent findings of fact by three authorities rejecting the appellants' claim of long possession.
The Letters Patent Appeal was dismissed with no merit.
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. 242 of 2022
In
Civil Writ Jurisdiction Case No.7278 of 2016
======================================================
... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Sriram Krishna, Advocate For the Respondent/s : Md. Khurshid Alam, AAG-12 ======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE and
HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)
Date : 23-07-2024
Patna High Court L.P.A No. 242 of 2022 dt.23-07-2024 2/6
learned counsel for the respondents.
Patna High Court L.P.A No. 242 of 2022 dt.23-07-2024 3/6
Officer, Forbesganj and the matter was remanded back. On remand, the Circle Officer got a report from the Circle Inspector and the Halka Karamchari and on the basis of the said report which was contrary to the earlier report gave a finding that the respondents were protected tenants under section 48C of the B.T Act. The Circle Officer rejected the case filed by the appellants. The appeal preferred by the appellants was dismissed by the Sub-Divisional Officer, Forbesganj and the case (BLT Case no.733 of 2014) filed against the said order in the Bihar Land Tribunal was also dismissed on 1.3.2016.
I.A. no.1 of 2022
Patna High Court L.P.A No. 242 of 2022 dt.23-07-2024 4/6
the delay of 5 years 4 months and 12 days in filing of the instant appeal.
allowed.
L.P.A no. 242 of 2022
Patna High Court L.P.A No. 242 of 2022 dt.23-07-2024 5/6
section 48C of the B.T. Act having not more than 5 and 10 acres of land. The Appeal no.7/11-12 preferred by the appellants was rejected by order dated 4.7.2014 by the Sub-Divisional Officer, Forbesganj. The B.L.T Case no.733 of 2014 preferred by the appellants was also dismissed on 1.3.2016 by the learned Bihar Land Tribunal.
Patna High Court L.P.A No. 242 of 2022 dt.23-07-2024 6/6
same is dismissed.
(K. Vinod Chandran, CJ)
(Partha Sarthy, J)
Shiv/-
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| CAV DATE | N/A |
| Uploading Date | 25.07.2024 |
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2 issues framed by the court
Whether the appellants are entitled to condone a delay of over five years in filing a Letters Patent Appeal.
Whether the Lower Court was correct in rejecting the writ petition regarding the appellants' claim of Sikmi rights.
1 provisions across 1 enactments
Anmol Yadav S/o Late Hari Lal Yadav
Raj Kishore Yadav S/o Late Hari Lal Yadav
State of Bihar
Sub-Divisional Officer Forbesganj
Circle Officer Narpatganj
Rajo Yadav
K. Vinod Chandran
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
