Patna High Court Dismisses Petition Challenging Land Tribunal’s Order
The Patna Excessive Court docket has dismissed a petition difficult an order of the Land Tribunal after noting that the unique order got here into existence within the yr 1961 and the identical was not carried out. The Excessive Court docket additionally talked about that the petitioner and the members of the family by hook or by criminal have been having fun with the fruits of the stated land, which have been initially granted to the villagers.
The Petition earlier than the Excessive Court docket was filed for the issuance of a writ within the nature of certiorari for quashing the order handed by the Bihar Land Tribunal.
The Single Bench of Justice Rajiv Roy stated, “…sixty six lengthy years (six a long time) have handed with the unique order having are available in to existence within the yr of 1961 and the identical has not nonetheless been carried out and the petitioner’s household/petitioner by some means are having fun with the fruits of the stated land.”
Advocate Rajesh Mohan represented the Petitioner, whereas GP Raj Kishore Roy represented the Respondents.
Factual Background
The case pertains to the yr 1959 when one Kapoori Mandal together with different villagers, most well-liked a Title Go well with in opposition to the grandfather of the petitioner earlier than the Court docket of Munsif, Banka. It was their case that the villagers of Kumarpur have customary and easementary rights to use 2.52 acres of land coated by survey plot nos. 534 and 604 located within the village Kumarpur within the district of Banka. The swimsuit was contested and determined in favor of the villagers and in opposition to the defendants (the household of the petitioner).
The Petitioner’s grandfather most well-liked a Title Enchantment, which got here to be dismissed, and so they have been restrained completely from interfering with the rights of the unique plaintiff. A Particular Go away to Enchantment was most well-liked by the daddy of the petitioner, which too got here to be dismissed. After two unsuccessful makes an attempt by the petitioner’s household/petitioner to pay money for the two.52 acres of land, the Petition got here to be filed by the Excessive Court docket, whereby the Bihar Land Tribunal dismissed the petition of the petitioner.
Reasoning
The Bench thought of the truth that the primary title swimsuit was filed within the yr 1959 and the order handed within the yr 1961 had nonetheless not been carried out.
Noting that the petitioner/member of the family, by suppressing all the information, filed writ petitions and took a keep, the Bench held that they couldn’t now take the plea that with the passage of a lot time, rights have accrued upon them.
“The petitioner’s household/petitioner constantly suppressed the fabric information and within the course of managed to take keep repeatedly and thereafter intentionally allowed the case to linger”, it stated.
Thus, dismissing the petitions, the Bench vacated the keep on the order of the Bihar Land Tribunal.
Trigger Title: Achyuta Nand Yadav v. State Of Bihar (Case No.: Civil Writ Jurisdiction Case No.13579 of 2017)
Look
Petitioners: Advocate Rajesh Mohan
Respondents: GP Raj Kishore Roy, Advocates Vivekanand Singh, Kumar Malendu, Mritunjay Prasad Singh
