BIHAR STATE ELECTRICITY BOARD Vs. PRABHA AGGARWAL

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel for the appellant, the acquiring body as well as the learned counsel for respondent Nos. 1 and 2 who are the real contesting respondents. State of Bihar which is respondent No. 3 is deemed to have been served as 30 days from the date of issuance of notice to it are over. Respondent No. 4 is a formal party and is served.

(3.) The short question is whether the Division Bench of the High Court was justified in dismissing the appeal filed by the appellant-Board being L.P.A. No. 904 of 1996 on the ground that application for leave to appeal was not filed. It is difficult to appreciate this line of reasoning. The appellant, which is the acquiring body, had moved the learned single Judge in review proceedings being aggrieved by the order of the learned single Judge enhancing the compensation without hearing the appellant which was not joined as a party to the proceedings before the learned single Judge. When the review petition was dismissed the appellant had a right to directly file a Letters Patent Appeal against that very judgment as it was a party to the review proceedings.