Lakshman Tatma vs The State of Bihar

Limitation petition, which is I.A. No. 5997 of 2015,

came to be filed since there was a delay of four days in preferring the

appeal. The Court is satisfied with the reasons. Therefore, delay is

condoned. I.A. No. 5997 of 2015 is allowed.

Heard counsel for the appellants as well as counsel for

the State.

The writ application of the appellants was dismissed by

the learned single Judge after examining the decision of the learned

Sub Divisional Officer, Banmankhi, in Appeal Case No.35 of 1996,

which had reversed the earlier order of the Anchal Adhikari,

Banmankhi, dated 05.01.1996 on the ground that the plot of land,

which is Plot No. 2407, has not been in possession of either the

father of the present appellants, who was a sikmidar or these

appellants because, admittedly, a brick kiln was running in the said

piece and parcel of land since the year 1960.

The law being well settled that if the sikmidar is not in

continuous possession for the last 12 years, nobody can claim a right

under earlier sikmidar.

The decision of the learned single Judge, therefore,

cannot be said to be suffering from any infirmity because the law

will come into play the moment the fact that the father of the

appellants or the appellants had not been in possession for 12 years a

fact not dislodged by any material.

No interference, therefore, is warranted with the

decision of the learned single Judge as it does not suffer from any

infirmity.

Appeal is dismissed.