Patna High Court
Manju Devi vs The State Of Bihar And Ors on 15 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17223 of 2018
======================================================
Manju Devi, Wife of Dilip Kumar, resident of Village- English, P.S.
Lakhisarai, District Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Collector, Lakhisarai.
3. The Additional Collector, Lakhisarai.
4. The Deputy Collector, Land Reforms, Lakhisarai.
5. The Circle Officer, Chanan, District- Lakhisarai.
6. Suresh Prasad Singh, Son of Late Barho Singh.
7. Nawal Singh,
8. Ramesh Singh
9. Amrendra Singh.
10. Madan Singh, Sl. No. 7 to 10 are sons of Late Ram Swaroop Singh,
Sl. No. 6 to 10 are resident of Village and P.O. Rampur, P.S. Surygarha,
District- Lakhisarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Jha, Advocate
Mr. Bhola Prasad, Advocate
For the State : Mr. Sajid Salim Khan, SC-25
For the Respondent no.6 : Mr. Niraj Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 15-02-2023
Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the respondent
no.6.
The instant application has been filed by the petitioner
for the following relief(s):
"i) For quashing the order dated 12-1-2018 passed
by the learned D. C. L. R., Lakhisarai in Misc. Case
Patna High Court CWJC No.17223 of 2018 dt.15-02-2023
No. 1/2016 whereby the petition for recall/ set aside
the exparte order dated 27-9-2014 in Rent Fixation
Case No. 3/2014 has been rejected.
ii) For quashing the ex-parte order dated 27-9-14
passed by the learned D.C.L.R., Lakhisarai in Rent
Fixation Case No. 3/2014 whereby the Rent Fixation
case has been allowed with respect to the land of the
petitioner in favour of the respondent no. 6 to 10.
iii) For direction to the respondents D.C.L.R.
Lakhisarai to comply the Principle of natural Justice
and after providing opportunity of hearing to the
petitioner pass a fresh order in Rent Fixation Case
No. 3/2014 in accordance with law.
And for any other relief(s) for which the petitioner is
found to be entitled in the facts and of circumstances
of the case."
At the outset, it is submitted by learned counsel
appearing for the State that the order under challenge in the
instant application is appealable under Rule 53(3) of the
Tenancy Rules prescribed under the Bihar Tenancy Act.
Rule 53(3) of the Tenancy Rules under the B.T. Act is
quoted herein below for ready reference:
"(i) Any person aggrieved by the order of the Land
Reforms Deputy Collector may file an appeal in the
Court of Additional Collector within 90 days from
the date of the order. If the post of the Additional
Collector is vacant, then the appeal will be filed in
the court of Collector of the district.
(ii) The Additional Collector, if he is satisfied that
Patna High Court CWJC No.17223 of 2018 dt.15-02-2023
there are sufficient reasons for the delay, may
condone the delay in filing appeals.
(iii) On appeal filed in the Court of Additional
Collector, the Additional Collector shall, as soon as
may be, call for the case record from the Land
Reforms Deputy Collector concerned.
(iv) The Additional Collector shall issue notices to
all parties concerned with the case, directing them to
appear either in person or through their authorized
representatives on the date, time and place fixed for
the hearing of the case.
(v) The Additional Collector after hearing concerned
parties and after perusing relevant papers, pass
reasoned and speaking order.
(vi) The time limit for the disposal of rent fixation
appeal shall be of ninety(90) working days from the
date of filing of the rent fixation appeal.
(vii) After the disposal of rent fixation appeal, the
Additional Collector shall return the case record to
the Circle Officer concerned for the implementation
of his order and the same will be communicated to
the Land Reforms Deputy Collector."
Having heard learned counsel for the parties and
taking into consideration that the petitioner has an alternate and
efficacious remedy by preferring the appeal under the aforesaid
provision, the instant application is disposed of with a direction
to the petitioner to prefer an appeal before the authority as
prescribed under Rule 53(3) of the Bihar Tenancy Rules quoted
Patna High Court CWJC No.17223 of 2018 dt.15-02-2023
herein above.
If such an appeal is preferred by the petitioner within
a period of four weeks from today, the authority concerned in
deciding the application for limitation shall take into
consideration the period for which the instant application was
pending for adjudication before this Court.
The application stands disposed of.
(Partha Sarthy, J)
Avinash/-
AFR/NAFR
CAV DATE
Uploading Date 17.02.2023
Transmission Date
