Case: Chhedi Lal Yadav and Ors Vs. Hari Kishore Yadav (D) thr. L.Rs. and Ors

The few dates necessary for deciding this issue are as follows:2. On 13.08.1942, the suit land was sold in auction in execution of the Rent Decree. The suit land was then put in possession of the Appellant(s) predecessor. In execution, the land was purchased by one Babu Md. Abdus Samad. Thereafter, the land appeared to have changed hands four times3. In 1951, the State of Bihar enacted the Act. The Act provided for restoration of certain lands to farmers, i.e., raiyats, which were sold for arrears of rent or from which they were ejected for arrears of rent between 1st day of January 1939, and 31st day of December, 1950. This was operational due to floods in the Kosi River which made agricultural operations impossible4. The Appellants did not take any steps for restoration of the land till 04.05.1975. On that date one Gonar Yadav, son of recorded tenant Chanchal Yadav filed a petition for restoration of the disputed land Under Section 3 of the Act. Eventually, after an earlier remand, when the matter was pending in appeal, being Appeal No. 540 of 1978-79, it was dismissed in default on 07.09.1980. It was again restored on 23.12.1980; but again dismissed for default on 23.03.19835. An application for restoration was moved after 16 years on 09.08.1999 and was allowed without notice to the Respondents. Eventually, the Additional Collector on 27.12.2000, allowed the restoration of the disputed land in favour of the Appellants6. A Writ Petition filed by the Respondents was dismissed by the learned, Single Judge on 25.03.2004. A Letters Patent Appeal preferred by the Respondents was, however, allowed. That judgment is in appeal before us at the instance of the Appellants who had been denied the restoration of land.

Reasoning: It is obvious from the periods of time mentioned above that even after the Act was passed in 1951, the Appellants filed a petition for restoration of the disputed land on 04.05.1975, i.e., after a period of about 24 years. Thereafter, when the appeal filed by them was dismissed on 23.08.1983, the Appellants applied for restoration on 09.08.1999 after a period of 16 years of such dismissal7. We find that there is inordinate, unexplained and unjustified delay on the part of the Appellants in firstly, making an application for restoration of land after a period of 24 years after such a right is said to have accrued to them and, then in making an application for restoration after a period of 16 years when the matter was dismissed in defaultWe, however, find that the judgment relied on has no application to the present case. It is a settled law where the Statute does not provide for a period of limitation, the provisions of the Statute must be invoked within a reasonable time10. In our view, where no period of limitation is prescribed, the action must be taken, whether suo motu or on the application of the parties, within a reasonable time. Undoubtedly, what is reasonable time would depend on the circumstances of each case and the purpose of the Statute. In the case before us, we are clear that the action is grossly delayed and taken beyond reasonable time, particularly, in view of the fact that the land was transferred several times during this period, obviously, in the faith that it is not encumbered by any rights11. We are of the view that merely because the legislation is beneficial and no limitation is prescribed, the rights acquired by persons cannot be ignored lightly and proceedings cannot be initiated after unreasonable delay as observed by this Court in the case of Situ Sahu and Ors. v. State of Jharkhand reported in (2004) 8 SCC 340.