LAWS(PAT)-2013-7-44

RAMDULARI DEVI Vs. MAHESHWAR NARAYAN SINGH

Decided On July 19, 2013
Ramdulari Devi Appellant
V/S
Maheshwar Narayan Singh Respondents

JUDGEMENT

(1.) HEARD the parties.

(2.) THE petitioner has approached this Court under Articles 226 and 227 of the Constitution of India, assailing the validity and correctness of the order dated 4..12.1987/7.12.1987 (Annexure-1) passed analogously in Ceiling Revision Case Nos. 1956 of 1986 and 1957 of 1986 by the respondent Joint Director of Consolidation, Bihar, Patna, whereby the aforesaid Revision applications filed on behalf of the original petitioner Ram Dulari Devi, who is now dead and has been substituted by her heir and legal representative, were dismissed and the orders passed by the original authority as also the appellate authority under the provisions of The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 ( in short 'Consolidation Act') were affirmed.

(3.) LEARNED counsel appearing on behalf of respondent no.1 has strongly opposed the prayer made on behalf of the petitioner and submitted that on account of laches on the part of the petitioner herself or her counsel, she cannot be permitted to take benefit of the same. However, he fairly conceded that the matter was not decided on merits by the Revisional Authority by examining documents of the writ petitioner.