Sushila Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1540 of 2016 IN Civil Writ Jurisdiction Case No. 6522 of 2014 =========================================================== Sushila Devi, W/O- Late Bindeshwar Paswan, R/O- Adamban Punarwas, P.S.- Bairgania, District- Sitamarhi.

.... .... Appellant/s

Versus

1. The State of Bihar.

2. The Collector, Sitamarhi.

3. The Deputy Collector of Land Reforms, Sitamarhi.

4. The Rehabilitation Officer, Bagmati Project, Sitamarhi.

5. Rajendra Prasad Singh S/O late Sobaran Singh, R/O Village- Adamban, P.S.- Bairgania, District- Sitamarhi.

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

For the Appellant : None For the State : Mr. Rohitabh Das, AC to AAG-X =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 01-05-2017 Seeking exception to an order dated 05.07.2016 passed by the learned Writ Court in C.W.J.C. No.6522 of 2014, this appeal has been filed under Clause 10 of the Letters Patent. Having heard learned counsel for the State and on going through the records, we find that challenging an allotment certificate issued by the Rehabilitation Officer, Bagmati Project, Sitamarhi on 18.05.1987, the writ petition challenging the settlement was filed after about more than 27 years and taking note of the aforesaid inordinate delay of 27 years, the learned Writ Court has refused to exercise its

Patna High Court LPA No.1540 of 2016 dt.01-05-2017 2/2 jurisdiction and has dismissed the writ petition on account of inordinate delay and laches.

In doing so, we are of the considered view that the Writ Court has not committed any error warranting reconsideration. The appeal is dismissed.

(Rajendra Menon, CJ) (Sudhir Singh, J) Narendra/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 06.05.2017 Transmission Date