IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.385 of 2010 IN CIVIL WRIT JURISDICTION CASE NO. 17790 OF 2009 WITH INTERLOCUTORY APPLICATION NO.2067 OF 2010 IN LETTERS PATENT APPEAL No.385 of 2010 ================================================== MD. HUSSAIN S/o Late Abdul Gani R/o Vill Mirza Nagar, P.O.Mirza Nagar, P.S. Mahua, Distt-Vaishali. …. …. Respondent-Appellant Versus 1. AMBIKA PRASAD SINGH S/O Late Fakira Singh R/O Vill Mirza Nagar, P.O. Mirza Nagar, P.S.Mahua, Distt-Vaishali. …. …. Petitioner-Defendant 2. The State of Bihar 3. DIRECTOR, Chakbandi, Bihar, Patna 4. DEPUTY DIRECTOR Chakbandi, Bihar, Patna 5. THE CONSOLIDATION OFFICER, Mahua, Distt-Vaishali 6. DEPUTY COLLECTOR LAND REFORMS, Mahua, Vaishali 7. CIRCLE OFFICER, Mahua, Vaishali 8. SUB DIVISIONAL MAGISTRATE, Mahua, Vaishali 9. MUNDRIKA SINGH @ THAKUR MUNDRIKA SINGH, S/O Late Ram Nandan Singh, R/O Vill Phulwaria, P.O.Mirza Nagar, P.S. Mahua, Distt-Vaishali. 10. KAMLA KANT SINGH, S/o Late Ram Nandan Singh, R/O Vill Phulwaria, P.O.Mirza Nagar, P.S. Mahua, Distt-Vaishali. 11. LAKSHMI KANT SINGH, S/o Late Ram Nandan Singh, R/O Vill Phulwaria, P.O.Mirza Nagar, P.S. Mahua, Distt-Vaishali. …. …. Respondents-Respondents ==================================================== - 2 - Appearance : MR. NARESH CHANDRA VERMA FOR THE APPELLANTS MRS. NILU AGRAWAL, G.A.-10 FOR RESPONDENTS 1 TO 8 WITH MR. ZAKI HAIDER, A.C. TO G.A.-10 MR. PRAFULL CHANDRA JHA FOR RESPONDENTS 9 AND 10 NONE FOR RESPONDENT NO. 11 =================================================== CORUM : HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S.K. KATRIAR Date : 12.07.2010 ORAL ORDER (Per : HONOURABLE MS. JUSTICE R. M. DOSHIT, CJ) Re. Interlocutory Application No. 2067 of 2010 This application under Section 5 of the Limitation Act has been filed by the appellant for condonation of delay of 20 days occurred in filing the Letters Patent Appeal. On the facts and in the circumstances of the case, the delay in filing the Letters Patent Appeal is condoned. The Interlocutory Application stands disposed of. Re. Letters Patent Appeal No. 385 of 2010 Learned Advocate Mr. Jitendra Prasad Singh - 3 - appears for Respondent no. 11. He is not present on call. This appeal under Clause 10 of the Letters Patent has been preferred by Respondent no.11 in the above Writ Petition C.W.J.C. No. 17790 of 2009. Learned Advocate Mr. Naresh Chandra Verma has appeared for the Appellant. He has submitted that the impugned order dated 21.12.2009 has been made by the learned single Judge without notice to the present Appellant-Respondent No.11. He has submitted that on 20th April, 1999, an order was made by the Deputy Director, Consolidation in Consolidation Revision No. 86 of 1998 against the writ petitioner. The said order was challenged by the writ petitioner in 2009. The learned single Judge has, without issuing notice to the Appellant, allowed the Writ Petition to the extent that the Petitioner has been permitted to raise this issue before the Director, Consolidation. We have noticed that the order dated 20th April 1999 was made against the writ petitioner as his revision was time barred by some 35 years. In other words, by impugned order the issue has been reopened after some 45 years, that too, without hearing the affected party, the - 4 - Appellant herein. In our opinion the impugned order is made in violation of Principles of Natural Justice and is ex-facie bad. For the aforesaid reasons, the Appeal is allowed. The impugned order dated 21.12.2009 made by the learned single Judge in C.W.J.C. No. 17790 of 2009 is set aside. The C.W.J.C. No. 17790 of 2009 is dismissed on the grounds of delay and laches. Pawan/- (R.M. Doshit, CJ) (S. K. Katriar, J)