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2022 Supreme(Jhk) 502

SUJIT NARAYAN PRASAD, RAVI RANJAN
Pawan Kumar Bhagat, Son of Late Parmatama Bhagat – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellants : Mr. Rajeeva Sharma.
For the Respondents: Mr. Suresh Kumar, Mr. Prashant Pallav.

JUDGMENT :

[Sujit Narayan Prasad, J.]

I.A. No.444 of 2021

1. The instant Interlocutory Application filed for condoning the delay of 24 days was allowed on 26.03.2021, but while hearing the matter again on 03.08.2021, this Court recalled the order dated 26.03.2021 so far as it relates to condonation of delay on the ground that the delay was condoned without hearing one of the parties, i.e., 16 Anna raiyats, on whose application the proceeding under Section 4(h) of the Bihar Land Reforms Act, 1950 was initiated.

2. Thereafter, notice was directed to be issued upon 21 newly added 16 Anna raiyats but the notice could not be served upon the newly added respondents on account of non-availability of their address, except respondent No.6(x). The respondent No.6(x) appeared by filing Vakalatnama but no counter affidavit to the instant interlocutory application has been filed on his behalf.

3. In view thereof, I.A. No. 444 of 2021 is allowed and delay of 24 days in preferring the appeal is condoned.

L.P.A. No.199 of 2019

4. The instant appeal, preferred under Clause 10 of the Letters Patent, is directed against the order/judgment dated 28.09.2018 passed by learned Single Judge of this Court in

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