IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.107 of 2019

In

Letters Patent Appeal No.150 of 2014

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Dinesh Kumar Mishra Son of Late Atma Ram Mishra Resident of Supaul,

Ward No.2, P.S.- and District -Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar Through its Chief Secretary, Old Secretariat, Patna, Bihar.

2.

The Commissioner Khosi Division, Saharsa.

3.

The Additional Collector Supaul, District Supaul, Bihar.

4.

The Sub- Divisional officer Supaul, District Supaul, Bihar.

5.

The Circle Officer Supaul, District Supaul, Bihar.

6.

Smt. Nirmala Devi Wife of Sri Rabindra Kumar Singh Resident of Supaul,

Ward no.2, P.S. and District- Supaul, Bihar.

7.

Smt. Shakuntala Devi Wife of Sri Sita Ram Singh Resident of Supaul, Ward

no.2, P.S. and District- Supaul, Bihar.

8.

Smt. Lalita Devi Wife of Sri Hare Ram Singh Resident of Supaul, Ward

no.2, P.S. and District- Supaul, Bihar.

9.

Smt. Nirmala Devi Wife of Sri Indra Deo Singh Resident of Supaul, Ward

no.2, P.S. and District- Supaul, Bihar.

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Rajiv Kumar Singh, Adv.

Mr. Narendra Kumar Singh, Adv.

For the Opposite Party/s :

Ms. Nutan Sahaya, Adv.

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR

and

HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 18-04-2023

We have heard Mr. Rajiv Kumar Singh for the

petitioner and Ms. Nutan Sahay for the State.

Patna High Court C. REV. No.107 of 2019 dt.18-04-2023

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The petitioner seeks review of the judgment

dated 25.01.2018 passed in LPA No. 150 of 2014

arising out of CWJC No. 2406 of 2003 to the extent that

it be clarified that no order has been passed under

Section 4(h) of the Bihar Land Reforms Act, 1950 till

date regarding cancellation of the sale deed executed in

favour of the petitioner.

Before addressing us on merits, Mr. Singh has

pressed I.A. No. 1 of 2022, seeking condonation of

delay of one year and twenty days in preferring this

review petition.

The reason ascribed in the application seeking

condonation of delay is the time having lost in going

before the Supreme Court against the order passed by

the Division Bench of this Court which is now sought to

reviewed in the present application and the liberty having

been granted by the Supreme Court to prefer a review

petition.

For the reasons stated in the application, we

Patna High Court C. REV. No.107 of 2019 dt.18-04-2023

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allow the prayer and condone the delay.

The I.A. No. 1 of 2022 is disposed of

accordingly.

Coming to the main issue, it has been urged on

behalf of the petitioner that he had approached the

revenue authority namely Sub-Divisional Officer, Supaul

for fixation of rent against a land which was acquired by

him under a valid sale deed executed by the Ex-

Zamindar. The same was allowed but the State took the

matter in appeal before the Additional Collector, Supaul

wherein the matter was remanded to the Sub-Divisional

Officer, Supaul for a reconsideration.

At this stage i.e. after remand, the S.D.O.,

Supaul came to the finding that the land in question was

acquired by the petitioner after 1^st of January, 1946, by

which time the land which was being used as a Kutchery

by the Ex-Zamindar had vested in the State Government

by virtue of Section 4 of the Bihar Land Reforms Act,

1950. The S.D.O, Supaul thereafter recommended for

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initiation of a proceeding for removal of encroachment

from the said land.

Though the claim of the petitioner was rejected

by all the revenue authorities including Commissioner,

Kosi Sub-Division, Saharsa as also the learned Single

Judge hearing the matter but, at all these levels, there

was no consideration of the f