NARSING PRASAD SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition under Articles 226 and 227 of the Constitution of India, the challenge is against issuance of notice (Annexure 5), dated 12.8.1988 by the revenue authority, i.e. Deputy Collector, Purnea suo motu against the entry made in the revisional records.

(2.) ORDINARILY , the writ court would be at loath to interfere at the notice stage. However, since almost 19. years have passed and the impugned action is purported to have been taken under the statutory provisions after lapse of 10 years, when the matter had become final, this Court has thought it expedient to deal with the matter and decide in accordance with law. Let it be mentioned that the second notice dated 15.2.1989 also came to be issued. The petition is filed in the year 1988.

(3.) THE respondent Government filed an application for mutation in the record and recording the entry in respect of the disputed lands comprising of old khata no. 364 new khata no. 320 equivalent to plot no. 26 measuring 7 and 1/4 dhurs situated in ward no. 6 within the Purnea Municipality claiming to be Government land and the same application came to be rejected on 29.8.1978 which was carried further in appeal unsuccessfully. Thereafter, the aforesaid two notices came to be issued and hence, this petition.