9911796707
TMI Blog1975 (11) TMI 166X X X X Extracts X X X X X X X X Extracts X X X X ..... Act before we turn to the facts of the case. The Act was passed, as its long title and preamble show, to provide for the restoration to former raiyats of certain lands which were sold' for arrears of rent or from which they were ejected for arrears of rent or which were treated as abandoned, between the 1st day of January 1939, and the 31st day of December 1950, in the absence of the raiyats due to floods in the Kosi River. Section 3 of the Act is in these terms: Steps to be taken for restoration of land to raiyats.-If the holding of a raiyat or portion thereof was sold in execution of a decree for arrears of rent or if a raiyat was ejected from a holding or portion thereof in execution of decree passed under sub-section (2) of section 66 of the Bihar fenancy Act, 1885, or if the holding of a raiyat or portion thereof was treated as abandoned under section 87 of the said Act at any time between the 1st day of January, 1939, and the 31st day of December 1950, and is in the possession of the landlord or any other person, the Collector may, if he thinks fit, of his own motion or otherwise, take steps for the restoration of such holding or portion thereof to the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to pay the amount in instalments, the Collector will determine the number and amount of such instalments having regard to the means and circumstances of the raiyat. But the instalments shall be payable within a period not exceeding five years. As soon as possible after the entire amount or the amount of the first instalment, as the case may be, is deposited with the Collector, the Collector shall direct the raiyat to be put in possession of the land. Section 13 states that subject to appeal under section 16, orders passed by the Collector under the Act shall be final and bars the jurisdiction of civil courts to vary or set aside any order passed under this Act. Section 16 provides an appeal from every order passed under this Act, (a) when the order was made by the Collector of a District, to the Commissioner, and (b) when the order was made by any officer other than the Collector of the District, to the Collector of the District or to any officer specially empowered by the State Government by a notification to hear such appeals. The section also provides that the decision of the Commissioner or the Collector of the District or any officer so empowered shall be final. The facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed after the dismissal of that appeal to this Court when the second chapter of the story began. On October 15, 1965 the first respondent made an application to the Block Development Officer, Birpur, who was discharging the functions of a Collector under the Act for an order extending the time for payment fixed by the order dated February 17, 1958, and for permission to deposit the entire amount as determined by that order in one lumpsum. Seeking to explain the long delay in making the application, the first respondent stated that all this time he had been diligently prosecuting other legal remedies. On this application the Block Development Officer, who was also the Anchal Adhikari, made an order directing notices to be issued to the parties concerned asking them to be present before him on October 22, 1965. As the notice had not been served on the appellant, the Block Development Officer shifted the date to November 17, 1965 for hearing of the matter. On November 17, 1965 also the notice had not been served on the appellant, but the Block Development Officer having heard the first respondent made the following order: The applicant is ready to pay the total amount in one i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat he had no authority to make. Whatever the reason, the Block Development Officer appears to have deliberately ignored the order passed by a superior tribunal which was binding on him, and his conduct deserves severe condemnation. However, on October 3, 1966 the Additional Collector allowed the appeal and set aside the order dated November 11, 1965 and all subsequent orders passed by the Block Development Officer on the view that a second application on the same grounds was not maintainable under section 3 of the Act, and the first respondent having failed to comply with the terms of the original order dated February 17, 1958, his right to restoration was lost. The first respondent then filed a writ petition before the Patna High Court challenging the order of the Additional Collector and the High Court allowed the petition and restored the order of the Block Development Officer dated November 25, 1965. The High Court allowed the writ petition on three grounds. It was held that the order passed by the Circle Officer on February 17, 1958 was not a final order rejecting or allowing the petition for restoration and, therefore, the Circle Officer or any other officer discharging t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oked in connection with the application made on October 15, 1965 by the first respondent. Under section 5 of the Limitation Act an appeal or application may be admitted after the prescribed period if the appellant or applicant satisfies the Court that he had sufficient cause for not preferring the appeal or making the application within such period . The Collector to whom the application was made was not a court, though section 15 of the Act vested him with certain specified powers under the Code of Civil Procedure; also, the kind of application that was made had no time limit prescribed for it, and no question of extending the time could therefore arise. We therefore think that the High Court misdirected itself in referring to section 5 of the Limitation Act. Further, the application does not appear to have been made for retention of time to pay the instalments. It was an application for permission to deposit the entire amount of ₹ 20,000/- in a lump. This must be taken as a fresh application under section 3 of the Act. The question that arises therefore is, whether the Act permits successive applications to be made under section 3 giving rise to a fresh proceeding every ti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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