NARAYANA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE auction-purchaser has preferred this appeal in terms of Clause 10 of the Letters Patent of the High Court of judicature at Patna, and is aggrieved by the judgment dated 3-5-1994, passed by a learned Single Judge in CWJC No. 3295 of 1987 (Murlidhar Shah and Ors. v. State of bihar and Ors.), whereby the writ petition at the instance of the previous transferees has been allowed, their application under section 28 of the Bihar and Orissa Public mands Recovery Act 1914 (hereinafter referred to as 'the Act'), has been allowed, and the order dated 17-11-83, passed by the learned Certificate Officer, has been restored. We shall go by the description of the parties occurring in the writ proceeding.

(2.) A brief statement of facts essential for the disposal of the appeal may be indicated. Respondent No. 12 (Sadhusharan Yadav, respondent No. 13 herein)had obtained agricultural loan from the respondent Bank (Land Development Bank, Madhepura ). He defaulted in payment of loan leading to certificate proceeding. The lands in question belonging to respondent No. 12 were auction sold for the purpose of satisfaction of the certificate dues, and were purchased by respondent No. 6 (Narayan Yadav, the appellant herein)on 15-6-83. The description of the lands as found in the certificate granted by the learned Certificate Officer is as follows :-Specification and Price of the Properties mouza : Ghosai thana No. 105 thana : Chousa dist. Madhipura <FRM>JUDGEMENT_111_AIR(PAT)_2008Html1.htm</FRM>

(3.) LEARNED counsel for respondent No. 6 (the appellant herein) submits that the application in terms of Section 28 of the Act has to be filed along with the deposit contemplated therein within a period of thirty days. In his submission, therefore, the learned Certificate Officer has no authority to extend the time for deposit of the amount. The contention is reinforced by the terms of section 31 of the Act. He relies on the following reported judgments :-