- (1.) This appeal has been preferred by the Bihar State Housing Board now substituted by Jharkhand State Housing Board against the order dated 09.10.2001 passed in CWJC No. 1311/2000 which is time barred by 2570 days for which an application for condonation of delay has been filed. The reasons recorded in the application for condonation of delay is hardly satisfactory, yet we were more than indulgent in granting liberty to the Counsel for the appellant-Housing Board to address us on the merit of the matter merely to avoid miscarriage of justice if there be any in the event of its dismissal only on the ground of delay.
(2.) Having perused the impugned order and on hearing the Counsel for the appellant-Board, we have noticed that the respondent herein had filed a writ petition before the learned Single Judge challenging the notice dated 04.05.2000 issued by appellant-Board directing him to vacate the land measuring 613.38 square meter situated in Chotagovindpur at Jamshedpur. The petitioner/respondent's case before the Single Bench was to the effect that he had succeeded in securing a decree in his favour and therefore he has right, title and interest over the land in question and yet the Housing Board had sent an eviction notice against the petitioner/respondent herein.
(3.) The appellant/housing Board however, contested the matter and submitted that the eviction notice has been issued to the petitioner/respondent herein since the land in question had been acquired for the purpose of construction of the house by the Housing Board.;