GOLA HO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Two divergent prayers have been made by the petitioners in the writ petition. The petitioners have challenged order dated 28.08.1992 passed in Kolhan Title Suit No.200 of 1988 and they have also challenged order dated 21.10.2008 passed in Mutation Case No.19 of 2007-08.

(2.) At the outset it needs to be recorded that against order dated 21.10.2008 an appeal shall lie under section 15 of the Bihar Tenants Holdings (Maintenance of Records) Act, 1973 and accordingly challenge to order dated 21.10.2008 passed in Mutation Case No.19 of 2007-08 is held not maintainable, on the ground of availability of the statutory remedy of appeal. The petitioners may prefer appeal under section 15 of the Bihar Tenants Holdings (Maintenance of Records) Act within six weeks.

(3.) Order dated 28.08.1992 passed in Kolhan Title Suit No.200 of 1988 is the order by which challenge to an ex-parte order passed in Kolhan Title Suit No.33 of 1966 has been dismissed, on the ground of limitation. The period of limitation cannot be extended by the court, however, if it is found that the limitation has started to run from a date from where the appeal has come within the period of limitation, this issue can be examined by the appellate court. The original order was passed on 16.10.1968, and except stating that they came to know about the said order in the year 1987 the petitioners have not pleaded any material fact to establish that the appeal preferred by them was within the period of limitation.