Six Decades Have Passed, Original Order Still Not Implemented: Patna High Court Dismisses Petition Challenging Land Tribunal’s Order
The Petition before the Patna High Court was filed for the issuance of a writ in the nature of certiorari for quashing the order passed by the Bihar Land Tribunal.
Patna High Court
The Patna High Court has dismissed a petition challenging an order of the Land Tribunal after noting that the original order came into existence in the year 1961 and the same was not implemented. The High Court also mentioned that the petitioner and the family members by hook or by crook were enjoying the fruits of the said land, which were originally granted to the villagers.
The Petition before the High Court was filed for the issuance of a writ in the nature of certiorari for quashing the order passed by the Bihar Land Tribunal.
The Single Bench of Justice Rajiv Roy said, “...sixty six long years (six decades) have passed with the original order having come in to existence in the year of 1961 and the same has not still been implemented and the petitioner’s family/petitioner by hook or by crook are enjoying the fruits of the said land.”
Advocate Rajesh Mohan represented the Petitioner, while GP Raj Kishore Roy represented the Respondents.
Factual Background
The case pertains to the year 1959 when one Kapoori Mandal along with other villagers, preferred a Title Suit against the grandfather of the petitioner before the Court of Munsif, Banka. It was their case that the villagers of Kumarpur have customary and easementary rights to use 2.52 acres of land covered by survey plot nos. 534 and 604 situated in the village Kumarpur in the district of Banka. The suit was contested and decided in favor of the villagers and against the defendants (the family of the petitioner).
The Petitioner’s grandfather preferred a Title Appeal, which came to be dismissed, and they were restrained permanently from interfering with the rights of the original plaintiff. A Special Leave to Appeal was preferred by the father of the petitioner, which too came to be dismissed. After two unsuccessful attempts by the petitioner’s family/petitioner to get hold of the 2.52 acres of land, the Petition came to be filed by the High Court, whereby the Bihar Land Tribunal dismissed the petition of the petitioner.
Reasoning
The Bench considered the fact that the first title suit was filed in the year 1959 and the order passed in the year 1961 had still not been implemented.
Noting that the petitioner/family member, by suppressing the entire facts, filed writ petitions and took a stay, the Bench held that they couldn’t now take the plea that with the passage of so much time, rights have accrued upon them.
“The petitioner’s family/petitioner continuously suppressed the material facts and in the process managed to take stay repeatedly and thereafter deliberately allowed the case to linger”, it said.
Thus, dismissing the petitions, the Bench vacated the stay on the order of the Bihar Land Tribunal.
Cause Title: Achyuta Nand Yadav v. State Of Bihar (Case No.: Civil Writ Jurisdiction Case No.13579 of 2017)
Appearance
Petitioners: Advocate Rajesh Mohan
Respondents: GP Raj Kishore Roy, Advocates Vivekanand Singh, Kumar Malendu, Mritunjay Prasad Singh