RAMESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) An order dated 29.11.1999, passed by Additional Collector, Ceiling, Katihar in Farzi Bhumi Abhilekh No. 01 of 1996-97, has been put to challenge by the petitioners in the present writ application filed on 18.07.2017, apparently, nearly 18 years after passing of the said order. As would be evident from the very opening paragraph of the writ petition, it is their case that they did not have any notice about the proceedings in which the impugned order has been passed and, fraudulently, a notice sent to the wife of Late Pawan Kumar Singh, resident of village Mahishal in the district of Katihar, according to the petitioners, the impugned order was passed behind their back.

(2.) Before I proceed to take note of the relevant facts stated in the respective pleadings of the parties, I must notice certain admitted facts which are as under :-

(3.) The petitioners in the present writ application have asserted complete ignorance about Farzi Bhumi Abhilekh proceeding, till they learnt about it recently when the revenue authorities refused to issue them rent receipts. Immediately thereafter, they are said to have taken steps for obtaining copies of the impugned order and other documents, whereafter they have filed the present writ application. This is how the petitioners have attempted to explain the delay of 18 years in approaching this Court directly without taking recourse to alternative statutory remedy under the Act, as, according to them, the impugned order is per se illegal having been passed in breach of the principles of natural justice.