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Patna High CourtCWJC/10897/2011dismissed

Munna Ram v. The State Of Bihar And ORS

2016-02-09Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10897 of 2011 ====================================================== Munna Ram Late Kishun Chamar Resient Of Village-Jamalpur, P.S-Chand, District-Kaimur (Bhabua) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Director, Consolidation, Bihar, Patna.

3. Deputy Director of Consolidation, Rohtas, (Sasaram)

4. Consolidation Officer, P.S-Chand, District-Kaimur (Bhabua)

5. Circle Officer, Chand, District-Kaimur(Bhabua)

6. Mahendra Pratap Singh Late Girija Singh, resident of Village-Pateri, P.S-Chand, District-Kaimur(Bhabua)

7. Jai Prakash Singh Late Girija Singh, resident of Village-Pateri, P.SChand, District-Kaimur(Bhabua)

8. Mannu Singh Late Girija Singh, resident of Village-Pateri, P.S-Chand, District-Kaimur(Bhabua)

9. Bake Singh Late Girija Singh, resident of Village-Pateri, P.S-Chand, District-Kaimur(Bhabua)

10. Rakesj Singh Late Girija Singh, resident of Village-Pateri, P.S-Chand, District-Kaimur(Bhabua)

11. Raj Kishore Singh Late Prasidh Narayan Singh, resident of VillagePateri, P.S-Chand, District-Kaimur(Bhabua)

12. Daroga Singh Raj Kishore Singh Village-Pateri, P.S-Chand, DistrictKaimur(Bhabua)

13. Pramod Singh Raj Kishore Singh, resident of Village-Pateri, P.S-Chand, District-Kaimur(Bhabua) .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Sunil For the Respondent/s : Mr. S.Raza Ahmad,AAG-IX Mr. Vishwambhar Prasad, AC to AAG-IX ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 09-02-2016 The petitioner is aggrieved by the order dated 01.12.1980 passed in Consolidation Revision Case No. 1078 of 1979 by the Deputy Director of Consolidation (Headquarter), Patna, as contained in Annexure-1, whereby the aforesaid consolidation revision case filed on behalf of the private respondents was allowed and the Consolidation Officer was issued an appropriate direction with respect to the lands in question. The learned State counsel appearing on behalf of the

Patna High Court CWJC No.10897 of 2011 (4) dt.09-02-2016 2/2 official respondents, at the very threshold, submitted that the writ petition is liable to be dismissed on the ground of delay and laches. According to him, the impugned order was passed on 01.12.1980 and the present writ petition has been filed after about 31 years on 08.07.2011, but no explanation has been furnished by the petitioner for approaching this Court after delay of more than 31 years.

Submissions made by the learned State counsel appear to be correct.

In above view of the matter, without going into the merits of the claim of the parties, the writ petition is dismissed on the ground of delay and laches on the part of the petitioner, since the present writ petition was filed after a delay of more than 31 years from the date of the impugned order passed on 01.12.1980. However, there shall be no order as to costs. (Birendra Prasad Verma, J) BTiwary/- U