High Court Patna High Court - Orders

Sripati Nath Prasad vs The State Of Bihar & Ors on 22 June, 2011

Patna High Court – Orders
Sripati Nath Prasad vs The State Of Bihar & Ors on 22 June, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CWJC No.413 of 2011
                  SRIPATI NATH PRASAD, son of late Mathura Prasad,
                  resident of village-Bishnupura, P S - Chapra (Mofussil),
                  District - Saran
                                              Versus
                  1. THE STATE OF BIHAR through the Principal Secretary,
                      Water Resources Department, Secretariat, Patna.
                  2. The Principal Secretary, Water Resources (Irrigation)
                      Department, Secretariat, Patna.
                  3. The Director Land Acquisition and Rehabilitation, Water
                      Resources Department (Irrigation), Secretariat, Patna.
                  4. The District Magistrate, Darbhanga.
                  5. The Special Land Acquisition Officer, Koshi Project,
                      Darbhanga.
                                                 -----------

02. 22.6.2011 Though technically the order of rejection passed by the

appellate authority could be correct in the sense that petitioner filed

appeal beyond the statutory period of 45 days but the Court looking

into the totality of the circumstance would like the appellate authority

to reconsider the matter on its own merit so that petitioner gets a

forum to place all facts and issues before the appellate authority where

the grounding is laid down therein, in case the High Court may have

an occasion to apply itself to the issues in future.

Annexure-2 dated 26.9.2008 to that extent is quashed.

Matter is remanded back to the appellate authority, who will hear the

matter afresh and decide the matter on its own merit.

It is clarified that in case the file of the earlier appeal of

the petitioner is not available, petitioner may file a fresh copy of the

appeal along with a copy of this order.

Writ is allowed.

rkp                                                         ( Ajay Kumar Tripathi, J.)