CHAMELI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel for the State of Bihar as well as learned counsel for the private respondent Nos. 11 and 12. No one appears on behalf of the other respondents although notices had been validly served upon them and the name of their counsel is appearing on the daily cause list and the case had been adjourned for today specially for their appearance. I.A. No. 5196 of 1999 has been filed on behalf of the appellants for condoning 23 days delay in filing of the Letters Patent Appeal. Considering the averments made by learned counsel for the appellants as well as considering the fact that this appeal has already been admitted for hearing, this interlocutory application is allowed and delay in filing of the Letters Patent Appeal is condoned.

(2.) This Letters Patent Appeal has been filed by the purchasers (petitioners) challenging order dated 22.2.1999 passed by the learned Single Judge dismissing C.W.J.C. No. 7210 of 1997 filed by the petitioners although it had been found in that order that the order of Additional Collector, which was in favour of the appellants, appeared to be justified.

(3.) This case has chequered history as the petitioners had purchased the land in question from its original owner, whereafter the private respondents filed Ceiling Case No. 13 of 1980-81 under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as "the Act" for the sake of brevity) claiming to be the pre-emptors, being adjacent raiyats.