IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.106 of 2008
SAHDEO RAI & ANR
Versus
THE STATE OF BIHAR & ORS
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For the Appellant : Mr. Ram Shankar Pd., Advocate
For the Respondent : Mr. Sanjay Kumar I, G.P. 14
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PRESENT
Hon’ble the Chief Justice
&
Hon’ble Mr. Justice Kishore K. Mandal
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Dated, the 1st July, 2008.
We heard the counsel for the appellants.
2. The sole contention canvassed before us by him is that
the appeal from the order dated 15.1.1999 did not lay before the
Additional Collector.
3. We find no merit in the submission. The order dated
15.1.1999 has been passed by the Deputy Collector, Land Reforms in
exercise of the powers conferred under section 48 E (7) of the Bihar
Tenancy Act, 1885 (hereinafter referred to as ‘the Act’). Section 48 F
of the Act provides for an appeal from an order referred to in sub-
section (7) of section 48E of the Act. According to this provision,
when an order is passed by an officer other than a Collector of the
district, the appeal would lay before the Collector of the district or
any other officer specially empowered by the State Government by
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notification to hear such appeals. It appears, therefore, that the
Additional Collector had the competence to hear the appeal.
Moreover, no such objection in hearing the appeal, has been raised.
4. L.P.A. has no merit and is dismissed in limine.
Re: I.A. No. 620 of 2008
The appeal suffers from delay of one year 256 days. For
condondation thereof, I.A. No. 620 of 2008 has been made. Although
the application does not explain the long delay of one year 256 days,
since we have heard the counsel for the appellants on merit, the delay
in filing the appeal pales into insignificant.
3. I.A. No. 620 of 2008 stands disposed of accordingly.
R. M. Lodha, CJ
Kishore K. Mandal, J
Anil/