PURNIMA SAO Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) HEARD the parties.

(2.) THE predecessors in the interest of the petitioner Dipali Rani Sao @ Dipali Sao, wife of late Gyani Prasad Sao filed this writ petition for quashing the order dated 29th January, 1996 passed by Settlement Officer Incharge, Jamshedpur in Case No. 1 of 1995, under Section 87 of the C.N.T. Act (as contained in Annexure -1).

(3.) MR . C.S. Prasad, learned counsel appearing for the petitioner, submitted that records of right were finally published sometime in the year 1983. The case No. 159/8687, under Section 90 of the C.N.T., Act filed by the State was dismissed on 25.8.1995 with liberty to take recourse to Section 87 of the C.N.T. Act. On 30.9.1995 the State filed the suit in question in case No. 1 of 1995, in which petitioner appeared on 15.1.1996 by filing vakalatnama The case was fixed on 22.1.1996 on which date, the state did not appear. Petitioner prayed for adjournment. The case was fixed on 29.1.1996, on which date the petitioner could not appear. Learned counsel submitted that without fixing a date for ex parte hearing, the case was disposed of on the same day. He further submitted that the case was barred by limitation.