Delay of 10 years in filing a writ petition justified dismissal, emphasizing the importance of timely action in legal proceedings.

JUDGMENT :

Rajesh Kumar Verma, J.

Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for quashing the order dated 10.10.2011 passed by the Director, Consolidation, Bihar, Patna in Consolidation Revision Case No. 104 of 2002 by which order the Revision Case filed by Bahadur Yadav has been allowed with a direction to record the name of Bahadur Yadav with respect to the land situated at Mauza Keotapatti Thana No. 74, P.S. Kishanpur, Dist. Supaul, appertaining to C.S. Khata No. 85, C.S. Plot No. 540 equivalent to R.S. Plot No. 902, area 80 decimal and R.S. Plot No. 905, are a 36 decimals and C.S. Khata No. 419, C.S. Plotr No. 4126, equivalent to R.S. Khata No. 1235, R.S. Plot No. 5309/7398 area 01 decimal which is highly illegal and unjustified as the aforesaid 1 and belongs to the petitioner which apparent from the order dated 22.04.1998 passed by the Deputy Director Consolidation, Purnea in Revision Case No. 1113/1994 which Revision Case No. 1113/1994/162/1997 which revision was filed by Bijay Jha and others including Bahadur yadav and the intervention application was filed on behalf of petitioner ancestor Udit Narayan Jha and Awadha Narayan Jha and Revision Case No. 1113/1994/162/1997 was allowed in favour of Intervenors, but the Bahadur yadav by suppressing the aforesaid fact filed the aforesaid Revision Case No. 104/2002 and thus the order dated 10.10.2011 passed in Revision Case No. 104 of 2022 is liable to be quashed and the order dated 22.04.1998 passed in Revision Case No. 1113/1994/162/1997 is fit to be confirmed.

3. Learned counsel for the petitioner submits that a land appertaining to C.S. Khata No. 85, C.S. Plot No. 540, area 2 bigha, 4 katha and 5 Dhur was acquired through settlement from Ex-landlord in 1357 “Fasli” in the name of the petitioner ancestor namely Udit Narayan Jha and Awadh Narayan Jha. The half of the land acquired by settlement fell in the share of Udit Narayan Jha and half share was allotted to Madhav Jha and Awadh Narayan Jha and other co-sharer and their heirs (petitioner) and they have been coming in peaceful possession over the land in question. The Ex-land lord submitted the return of the land in question in the name of the petitioner ancestor namely Udit Narayan Jha and Awadh Narayan Jha. The petitioner has been paying the rent for land appertaining to old Khasra No. 540, area 2 Bigha, 4 Katha, dhirs right from the Ex-land lord to the State of Bihar and he has been receiving the rent receipts for the same. During the Revisional Survey operation R.S. Plot No. 900, 901, 902 and 905 measuring area 62 decimals, 23 decimals, 80 decimals respectively were carved out from C.S. Plot No. 540 and it was wrongly recorded as the lands of the State of Bihar although the State of Bihar has no concern with the said land.

4. Learned counsel for the petitioner submits that the petitioner ancestor namely Udit Narayan Jha and Awadh Narayan Jha filed Objection Case No. 214 and 179 under Section 103(A) of the Act and the Survey Officer ordered to record the name of the petitioner ancestor for R.S. Plot No. 900 vide Case No. 214 and R.S. Plot No. 901 vide Case No. 179 and for R.S. Plot No. 902 and 905 ordered to be remained in the name of State of Bihar although the Assistant Settlement Officer made spot verification and found the peaceful possession petitioner and their co-sharers but the Assistant Circle Officer only ordered for recording the names of the petitioner and their co-sharers for R.S. Plot No. 900 and 901. Then the petitioner ancestor filed objection under Section 10(2) of Consolidation Act vide Case No. 35/76 before Consolidation Officer, Kishanpur and the Consolidation Officer after through enquiry passed order on 03.04.1976 for recording the name of the petitioner ancestor and other co-sharers with respect to the land bearing R.S. Plot No. 900, 901, 902 and 905 but form the time khatiyan issued from the Office of Consolidation Officer, K