SHEOGULAM SAH Vs. THITAR GOPE

JUDGEMENT

(1.) In this case the petitioner Sheogulam Sah has applied to the High Court under Article 227 of the Constitution for setting aside an order of the Additional Collector of Saharsa dated the 26th September, 1960, dismissing an appeal preferred under Section 16 of the Koal Area (Restoration of Lands to Raiyats Act, 1951 (Bihar Act XXX of 1951) on the ground of limitation.

(2.) Cause has been shown by learned Counsel on behalf of respondent No. 1 to whom notice of the rule was ordered to be given. There is no appearance on behalf of the other respondents.

(3.) It was submitted on behalf of the petitioner that the order of the Additional Collector of Saharsa is vitiated in law because the appeal preferred was well within the period of limitation prescribed. It was pointed out that the order of She Land Restoration Officer, Saharsa, was made on the 9th April, 1959. The appeal was preferred before the Additional Collector of Saharsa on the 3rd June, 1959. The view taken by the Additional Collector of Saharsa is that the period of limitation of 30 days will run from the date of the original order and there was no ground made out for condonation of delay under Section 5 of the Limitation Act. In our opinion the order of the Additional Collector of Saharsa is vitiated in law. Section 16 of Bihar Act XXX of 1951 is to the following effect: