IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.614 of 2008 SHITAL SAHANI Versus THE STATE OF BIHAR & ORS ----------- For the appellant : Mr. Dhirendra Kumar ( Munna),Advocate ------- P R E S E NT Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----- Dated, the 12th August, 2008 The appeal suffers from delay of five days and for condonation thereof, an application ( I.A.No.4806/08) has been made. Even if we condone the delay, in our view, the appeal does not deserve to be admitted. 2. The Single Judge in his order dated 12th of March, 2007 observed thus: “A counter affidavit has been filed on behalf of the State clearly bringing on record the various land transactions entered into by the petitioner in his own name, in the name of his brother-in-law and in the name of his wife. These facts clearly bring on record that the petitioner is not a landless person. He was in possession of land which he disposed of and purchased lands in name of his wife and brother-in-law. To this, a reply has now been filed stating that on the day when he made the application, he had no land. To my mind, this makes little difference as he had both capacity to hold land and had land in fact.” 3. Although the counsel for the appellant contended that the counter affidavit filed by the State did not state the correct position, - 2 - nothing has been shown that pursuades us to disbelieve the counter affidavit. 4. L.P. A. is liable to be dismissed and is, accordingly, dismissed. 5. This disposes of I.A.No.4806 of 2008 as well. R.M. Lodha, CJ Kishore K. Mandal, J. Sunil