JAI PRAKASH SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal under letters patent jurisdiction is against the order dated 23/07/2009, passed by the learned Single Judge allowing the writ petition.

(3.) A writ petition was filed by Kalawati Devi, wife of late Ganesh Sahu, challenging the order passed in Mutation Revision (annexure-9 to the writ petition) as well as the order passed in Mutation Appeal dated 30th October 2007 (annexure-7 to the writ petition), whereby the order dated 02/12/1998 passed by the Circle Officer allowing the mutation in favour of the writ petitioner was set aside. The main ground for challenge of the aforesaid revisional and appellate orders, contained in annexure- 9 and 7 to the writ petition, was that though the appeal against the order passed by the Circle Officer allowing the mutation was hopelessly barred by limitation but without condoning the delay in filing the appeal, the order of the Circle Officer was set aside and this aspect of the matter was totally overlooked by the revisional authority and, therefore, the order passed by them was without jurisdiction and illegal.