MAHENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State. In this case, petitioner is challenging the order dated 17th April, 2013 passed by the LRDC, Sadar, Gaya in Bihar Land Dispute Resolution Case No. 320 of 2012-13 whereby and whereunder he has refused to adjudicate the dispute with regard to partition between the parties, having no jurisdiction to examine and assess the correctness of the document. In the appeal, the Divisional Commissioner vide order dated 6th August, 2013 refused to condone the delay in filing the appeal.

(2.) Counsel for the petitioner submits that the Commissioner has wrongly refused to condone the delay.

(3.) When this Court asked the question about the maintainability of the case before the LRDC who has dealt with the matter whereupon counsel for the petitioner submits there is no dispute whatsoever between the parties only, the petitioner wants implementation of the partition deed which was entered among the brothers. Only dispute is with respect to positioning of septic tank as according to the petitioner it has fallen in his share but other brothers have disputed it.