MOHAMMAD HASSAN KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appeal is barred by limitation.

(2.) AFTER having heard learned counsel for the parties and taking into consideration the averments made in the limitation petition we are satisfied that sufficient ground has been made out to condone the delay in filing this appeal. Accordingly, the delay in filing this appeal is condoned.

(3.) THE factual matrix for disposal of the present appeal is that in the year 1970, Hathuwa estate donated iand to Bhoodan Yagna Committee under the provisions of Bihar Bhoodan Yagna Act, 1954 (hereinafter referred to as the Act). After donation of the land, the authorities under the Act took steps for publication and investigation upon Yagna Danpatra. Thereafter, a final order was passed and with regard to certain plots Danpatra was superseded and regarding other plots Danpatra was confirmed in terms of the provision of Section 11 of the Act. While giving the details of the plots with regard to which Danpatra was superseded, plot No. 345 was also mentioned and amongst the plots which were confirmed plot No. 34 area 1 acre 82 decimals was mentioned. The case of appellant is that plot No. 345 was also confirmed but by mistake plot No. 34 was mentioned. However, the total area of the plot number was detailed therein.