IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2272 of 2004 BHUJUNGI YADAV Versus THE STATE OF BIHAR & ORS ----------- 2 01.07.2008 Petitioner is aggrieved by the order dated 30.12.2002 contained in Annexure-3 as well as dated 13.08.2003 contained in Annexure-5 by virtue of which in a matter under Section 106 of the B.T. Act. the delay in filing of the title suit has been condoned. According to the petitioner the final publication in the revisional record of rights was made way back on 13th of May, 1985 but the Title Suit No. 129 of 2000 was filed challenging the same only in the year 2000. Learned counsel for the petitioner has made a very pointed submission. He categorically asserts that the authority concerned under the B.T. Act had no powers to condone delay in filing of the suit. There is no provision enabling him to do so. This question has already been settled in many decisions, last of them being a Division Bench in the case of Tilkeshwar Singh @ Tilkeshwar Prasad Singh V. The State of Bihar and Others reported in AIR 2004 Patna 100. This being the only question raised at the bar and this court finds the said contention of the petitioner to be in order, the impugned order contained in Annexures-3 & 5 are hereby quashed and the writ application is allowed. Mkr. (Ajay Kumar Tripathi, J)