CHAIRMAN-CUM-MANAGING DIRECTOR Vs. ASHOK KUMAR SINGH

JUDGEMENT

(1.) I.A. No. 9012 of 2018 in L.P.A. No. 1685 of 2018 I.A. No. 1 of 2019 in L.P.A. No. 583 of 2019 Having heard learned Counsel for the parties, we are satisfied that the delay has been sufficiently explained. The delay condonation applications are allowed. These appeals shall be treated to be within time.

(2.) L.P.A. No. 1685 of 2018 L.P.A. No. 583 of 2019 These two appeals have been preferred by the Bihar State Power Holding Company taking exception to the judgement dated 11th July, 2017 of the learned Single Judge and to the order dated 10.10.2018 whereby the review application filed by the appellant was rejected by the same learned Single Judge.

(3.) The Power Holding Company has occupied certain land which the respondent-petitioner claims to be situate partly over his share of land of Plot Nos.1614 and 1617 of village Ramtomha of district- Muzaffarpur. It is undisputed that a four legged tower has been constructed by the Power Holding Company over the land which, according to the parties, originally belonged to Pradeep Singh and devolved on his four sons, namely, Chandrika Singh, Fuldeo Singh, Ram Chandra Singh and Binod Singh. On 17th of December, 2013, Binod Singh sold his share which was to the extent of 73/4 decimals (1/4th of the total area of 39 decimals) comprising of both the plots in favour of respondent No.1 Ashok Kumar Singh. It is contended by the said respondent that by virtue of the sale-deed, the name of the respondent was mutated and, accordingly, for fiscal and revenue purposes Jamabandi was also registered being Jamabandi No.784.