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.)