Patna High CourtL.P.A/175/2015dismissed

Md. Rahman And ANR v. The State Of Bihar And ORS

2016-04-06Mr. Justice Ahsanuddin Amanullah,Mr. Justice Hemant Gupta3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.175 of 2015 Arising out of Civil Writ Jurisdiction Case No. 360 of 2014 ===========================================================

1. Md. Rahman, son of Late Naimul Haque

2. Md.Tabrez, son of Late Gayasuddin Mohammad. Both residents of village- Falka, P.S. Falka, P.O.- Falka, District-Katihar .... .... Appellants

Versus

1. The State of Bihar, through the Chief Secretary ,Govt. of Bihar, Patna

2. Collector, Katihar

3. Additional Collector, Katihar

4. L.R.D.C, Katihar

5. Circle Officer, Falka, P.O. & P.S. Falka, District-Katihar

6. Jasimuddin, son of Sk. Rudi

7. Mohd. Zabbar Ali, son of Sk. Rudi Both residents of village- Falka, P.S.- Falka, P.O.- Falka, District- Katihar .... .... Respondents =========================================================== Appearance :

For the Appellants : Syed Md. Najmul Bari, Advocate. For the Respondents : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 06-04-2016 I.A. No. 807 of 2015 The application is for condonation of delay of 10 days in filing the present Letters Patent Appeal.

2. For the reasons mentioned in the Interlocutory Application, we are satisfied that the appellants have shown sufficient cause to seek condonation of delay of 10 days in filing the present Letters Patent Appeal.

Patna High Court LPA No.175 of 2015 dt.06-04-2016 2 /3

3. Consequently, Interlocutory Application No. 807 of 2015 is allowed and delay of 10 days in filing the Letters Patent Appeal is condoned.

L.P.A. No. 175 of 2015 Heard learned counsel for the appellants and the respondents.

2. The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court on 15th of October, 2014 in C.W.J.C. No. 360 of 2014, whereby the writ application challenging the correction of mutation was dismissed with liberty to the appellants to avail the remedy of appeal within 30 days after condoning the period spent in the proceeding before the High Court.

3. Learned counsel for the appellants contends that this Court has entertained the writ application. Therefore, the bar of remedy of appeal cannot be extended to the appellants.

4. We do not find any merit in the said argument. An appeal is a statutory right. The appellants have the right to take recourse to the remedy of appeal against the correction of the jamabandi. Mere fact that at one stage the Court has entertained the writ application does not mean that the Court is bound to entertain the petition, even if there is a statutory remedy of appeal.

5. In view thereof, we do not find any error in the order passed by the learned Single Bench which may warrant interference in the

Patna High Court LPA No.175 of 2015 dt.06-04-2016 3 /3 present intra court appeal.

6. The Letters Patent Appeal is, thus, dismissed. (Hemant Gupta, J) (Ahsanuddin Amanullah, J) P.K.P./Sujit N.A.F.R.