SARASWATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the writ petitions arise out of common land ceiling proceedings, so they were heard together and are being disposed of by this common order.

(2.) IN the aforesaid cases, the petitioners have challenged the orders passed by the revisional authority (Board of Revenue) in Revision Case Nos. 208/85 and 209/85 , whereby and where under, the appellate order and the finding of the original authority were affirmed.

(3.) THE grievance of the petitioners was mainly raised with respect to the appeal which was preferred by the State being Appeal No. 4/84 and with respect to decision relating to majority of petitioner no. 5, Pankaj Kumar Tiwary, it was submitted that the appeal being time barred, in absence of an order for condonation of delay, the appellate authority could not have passed any order on the same. Further, according to the petitioners, even if the report of the Medical Board was not based on any ossification test, the revisional authority could not have discarded the same without any valid reason. Reliance was placed on a decision of this Court reported in 1992 (2) PUR 674, to show the onus of proof was with the State to show the petitioner -Pankaj Kumar Tiwary as minor and not for the party to show that he was major.