PANCHA NAND VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Appeal was filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) against the Judgment and decree dated 30.3.1984, passed by Subordinate Judge, Khagaria in Land Acquisition (Miscellaneous) Case No. 45 of 1975, on a reference under Section 30 of the Act.

(2.) ADMITTEDLY , the valuation of the original proceeding as well as the instant Appeal was Rs. 6292/ - only. According to Stamp Report dated 23.11.1984 the Appeal was not maintainable before this Court and it would lie before the District Judge concerned. However, by order dated 22.8.1985 a Bench of this Court directed the question of maintainability of the appeal to be considered at the time of final hearing. The Appeal was, thereafter, admitted on 29.9.1986. The Respondents appeared and the Appeal was taken up for final hearing after thirteen years.

(3.) IT is true that this appeal was not maintainable before this Court but since it was admitted to be heard on 29.9.1986 and, thereafter, remained pending for more than ten years, it is not desirable in the interest of justice to return the memorandum of appeal to be refiled before the District Judge concerned after such a long period. Both the parties also jointly requested that instead of sending this appeal to the court of the District Judge at this stage let it be heard and disposed of on merits by this Court, The lower court records have also been received in this Court. Accordingly, the parties were heard and the appeal is disposed of on merits.