Sri Ram Kurmi @ Sri Ram Chaudhary v. The State Bihar Through Collector, Buxar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13488 of 2013 ====================================================== Sri Ram Kurmi @ Sri Ram Chaudhary S/o Late Ayodhya Kurmi Resident Of Village- Simari (Halbapatti), P.S- Simari, District- Buxar. .... .... Petitioner/s

Versus

1. The State Bihar Through Collector, Buxar.

2. The Collector, Buxar, Bihar.

3. The Deputy Collector Land Reform, Dumraon.

4. The Circle Officer, Simari, Buxar

5. Gauri Shankar Sah S/o Late Lal Mohan Sah Resident of Village- Simari (Bajar), P.S- Simari, District- Buxar.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Dr. Kamal Deo Sharma For the Respondent/s : Mr. Ravi Kumar, AC to GP 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-10-2016 Heard learned counsel for the petitioner and respondents.

This application is filed under Article 227 of the Constitution of India against the order dated 18.05.2013 passed in Misc. Case No. 01 of 2012, whereby the learned Additional Munsif-II, Buxar dismissed the Misc. Case No. 01 of 2010, which was filed for restoration of Title Suit No. 39 of 2003. On perusal of the impugned order, it appears that the Miscellaneous Case No. 01 of 2010 was filed for restoration of Title Suit No. 39 of 2003, but the same was dismissed for default on 08.04.201. Thereafter, Misc. Case No. 01 of 2012

Patna High Court CWJC No.13488 of 2013 (2) dt.03-10-2016 2/2 was filed on 10.02.2011, which is dismissed through impugned order due to filing of same after much delay beyond the limitation period without any explanation of delay. As such, I find no illegality in the impugned order amounting to abuse of process of Court for interference in extraordinary jurisdiction, accordingly, this application is dismissed.

(Rajendra Kumar Mishra, J) Shail/- U