LOK NATH YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners have earlier moved this Court in CWJC No. 2481 of 1991 for the same relief. By order dated 8.2.1993. a Division Bench of this Court disposed of the said writ application filed by the petitioner directing the petitioner to file an application before the Collector of the district within a period of two weeks from the date of the order and the Collector was directed to consider the matter under Sec. 9 (2) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 within four weeks thereafter. It is evident that the petitioner was directed to file an application within two weeks from the date of the order but he filed such an application after about 7 years i,e, after an inordinate delay. The Deputy Commissioner, Sahebganj rejected the application of the petitioner without considering the same on merit on the ground that the said application was filed after 7 years. The said order as contained in Annexure -3 passed by the Deputy Commissioner, Sahebganj has been challenged by the petitioner in this writ application. Admittedly, the petitioner filed the application after about 7 years though there was specific direction of this Court to file the said application within a period of two weeks. Therefore, there is no doubt that there was inordinate delay and latches on the part of the petitioner. However, in the facts and circumstances of this case and considering the fact that this Court was of the opinion that the Collector should consider the matter under Section 9 (2) of the Bihar Land Reforms (Fixation of Celling Area and Acquisition of Surplus Land) Act, 1961 and. therefore, in my view for the ends of justice, the petitioner should be given one more chance to file an application as per the order of the Division Bench dated 8.2.1993 passed in CWJC No. 2481 of 1991.

(2.) ACCORDINGLY , the order as contained in Annexure -3, passed by the Deputy Commissioner. Sahebganj is hereby set aside subject to payment of cost of Rs. 10.000.00 to be deposited by the petitioner in the Account at Advocates Welfare and Development Fund of the Advocates Association, High Court. Ranchi within a period of four weeks and the petitioner is directed to file a fresh application alongwith the receipt of the payment of the cost aforesaid, before the DC, Sahebganj, within the aforesaid period. If the petitioner files such an application, the Deputy Commissioner is directed to consider the case of the petitioner in the light of the order dated 8.2.1993 passed by the Division Bench of this Court in CWJC No. 2481 of 1991 and pass an appropriate order in accordance with law within a period of three months from the date of filing of such application. It is made clear that if the cost is not deposited, the order of the Deputy Commissioner contained in Annexure -

(3.) shall stand revived.