Patna High Court
Ram Rati Devi vs The State Of Bihar And Ors on 8 August, 2024
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6908 of 2014
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Ram Rati Devi Wife Of Sanjay Pandit And D/O Late Janaki Prajapat Resident
Of Village - Maksudpur, P.S. Khizersarai, District - Gaya.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Divisional Commissioner, Magadh Division,
Gaya
2. The Deputy Collector Land Reforms, Neemchak Bathani Khizersarai, Gaya
3. Phoola Devi Wife Of Sheo Ratan Prajapat Resident Of Village - Pirbigha,
P.O. Rasalpur, Via - Buniyadganj, P.S. Chandauti, District - Gaya.
4. Basanti Devi Wife Of Lakhan Prajapat Resident Of Village - Resaul, Police
Station - Belaganj, Post Office And District - Gaya.
5. Basmati Devi Wife Of Vijay Prajapat Resident Of Village - Narawat, Police
Station - Atri, Post Office and District - Gaya.
6. Jeera Devi Wife Of Baijnath Pandit Resident Of Village - Bhojpur Nentadih,
Police Station Bodh-Gaya, District - Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rohit Mishra, Advocate
For the State : Mr. Jay Prakash Sharma, AC to GP-21
For respondent Nos.3,4,&6: Mr. Nawal Kishore Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL JUDGMENT
Date : 08-08-2024
The present writ petition has been filed for quashing the
order dated 06.02.2014, passed by the learned Divisional
Commissioner, Magadh Division, Gaya in Land Dispute
Redressal Appeal No.44 of 2013, whereby and whereunder the
appeal, filed by the petitioner, which had stood dismissed for
default by an order dated 05.12.2013, has not been restored and
the restoration petition has been dismissed. The petitioner has
also sought for quashing of the order dated 05.12.2013, passed
Patna High Court CWJC No.6908 of 2014 dt.08-08-2024
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by the Divisional Commissioner, Magadh Division, Gaya, in
Land Dispute Redressal Appeal No.44 of 2013 whereby and
whereunder the appeal filed by the petitioner has been dismissed
for default on account of non-furnishing of correct address of
the opposite party no.1 and for non-filing of the requisites.
2. The learned counsel for the petitioner submits that the
petitioner had filed a restoration application before the learned
Divisional Commissioner, Madagh Division, Gaya and
explained the delay in filing the requisites by stating therein that
since the petitioner was bedridden, the requisites could not be
filed within time, nonetheless, the restoration petition has been
dismissed by the impugned order dated 06.02.2014.
3. Per contra, the learned counsel appearing for the
respondent-State as also the private respondents submit that they
have no objection to the aforesaid appeal being restored and
heard on merits.
4. Having regard to the facts and circumstances of the case,
considering the submissions advanced by the learned counsel
for the parties, in the interest of justice and considering the
equities prevailing in the present case, I deem it fit and proper to
quash the order dated 05.12.2013 as also the order dated
06.02.2014
passed by the learned Divisional Commissioner,
Patna High Court CWJC No.6908 of 2014 dt.08-08-2024
Magadh Division, Gaya in Land Dispute Redressal Appeal
No.44 of 2013 and restore the aforesaid Land Dispute Redressal
Appeal No.44 of 2013 to its original file. The Divisional
Commissioner, Magadh Division Gaya is directed to issue
notices to the parties, fixing the date and time of hearing, and
then decide the aforesaid appeal on merits, expeditiously.
5. The writ petition stands allowed to the aforesaid extent.
(Mohit Kumar Shah, J)
kanchan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.08.2024
Transmission Date NA
