Most. Hemwati Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.945 of 2017 In Civil Writ Jurisdiction Case No. 19880 of 2012 ====================================================== Most. Hemwati Devi .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mahendra Thakur For the Respondent/s : Mr. Md. Khurshid Alam - Aag 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-07-2017 The office has reported that the petitioenr has not filed synopsis with relevant dates of events in Chronological order. Learned counsel for the petitioners submits that the aforesaid defects may be ignored and this petition may be disposed of at the admission stage itself.

Learned counsel for the petitioner submits that petitioner and also his daughter and sons filed CWJC NO. 19880 of 2012 against the order dated 08.09.2012 passed in Land Ceiling Case No. 33/ 1981-82 on wrong advice and when the aforesaid fact was noticed by a Bench of this Court it appears that the above stated CWJC No. 19880 of 2012 was disposed of vide order dated 20.05.2016 giving liberty to the petitioner and other applicants of the aforesaid writ petition to file appeal under section 30 of the Land Ceiling Act before the appropriate authority within four

Patna High Court MJC No.945 of 2017 (3) dt.24-07-2017 2/2 weeks from the date of the aforesaid order but unfortunately the order of this Court could not be communicated to the petitioner by her learned counsel and that was the reason that the appeal could not be filed in time and as such the petitioners only want for extension of time to file appeal against order dated 08.09.2012 passed by DCLR, Hajipur in Land Ceiling Case No. 33 of 1981-82 before the appropriate authority.

Learned counsel for the petitioner further submits that if the court grants four weeks time, she may file the appeal before the appropriate authority in the light of order dated 20.05.2017 passed in CWJC No. 19880 of 2012.

In view of the aforesaid submission, this petition stands disposed of giving liberty to the petitioner to file appeal before the appropriate authority against the order dated 08.09.2012 passed in Land Ceiling Case No. 33 of 1981-82 within four weeks from today and if the petitioner does so the concerned authority shall consider the maintainability ( limitation) of the appeal in the light of order dated 20.05.2016 passed in CWJC NO. 19880 of 2012 as well as present order.

(Hemant Kumar Srivastava, J) N.K/- U