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IN THE HIGH COURT OF JUDICATURE AT PATNA
ASHUTOSH KUMAR, J.
C.W.J.C. No. 23470 of 2019
(20.1.2020)
Gunjan Kumari – Petitioner
vs.
State of Bihar & Ors. – Respondents
Specific Relief Act, 1963 – Section 31 – Limitation Act, 1963 – Article 59 – Suit for declaration of deed of gift as illegal, forged, inoperative, null and void – There is presumption that a registered document is validly executed – A registered document, prima facie, would be valid in law – Onus of proof would be on a person who leads evidence to rebut the presumption – Here, deed of gift is a registered document – Presumption is in favour of person in favour of whom document has been executed – It was for plaintiff to have proved that sale deed is illegal, invalid and inoperative – In present case, Article 59 will be applicable because prima facie, owner of property executed a registered deed of gift – Unilaterally, gift-deed cannot be held to have been cancelled on execution of cancellation deed – Courts below have rightly held that suit filed by plaintiff is barred by law of limitation – Second Appeal dismissed. (Paras 10, 11 and 16)
Bihar Targeted P.D.S. (Control) Order, 2016 – Disposal of appeal – Appellate authority cannot keep an appeal pending when there is a time limit prescribed under Bihar Targeted P.D.S. (Control) Order, 2016 – Petitioner grieves that till date his appeal has not been taken up for consideration and consequently has not been disposed of – District Magistrate-cum-Collector directed to dispose of appeal of petitioner by a reasoned order within a period of sixty days. (Paras 2, 3 and 4)
Ashutosh Kumar, J. – Learned counsel for the petitioner submits that against the order of the licensing authority-cum-Sub- Divisional Officer, Motihari, the petitioner has appealed before the District Magistrate -cum-Collector, East Champaran, Motihari on 01.03.2019.
2. The petitioner grieves that till date his appeal has not been taken up for consideration and consequently has not been disposed of.
3. The appellate authority cannot keep an appeal pending when there is a time limit prescribed under the Bihar Targeted P.D.S. (Control) Order, 2016.
4. Considering the facts of this case, this Court directs the District Magistrate -cum-Collector, East Champaran, Motihari to dispose of the appeal of the petitioenr by a reasoned order within a period of sixty days from the date of production of a copy of this order.
5. With the aforesaid direction/observation, the writ petition is disposed of.
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