RANCHI, India, Aug. 19 -- Jharkhand High Court issued the following order on July 21:

1. This interlocutory application has been filed for condoning the delay of 92 days, which has occurred in preferring this appeal.

2. Heard the learned counsel for the parties.

3. This Court, after hearing the learned counsel for parties and considering the statements made in the delay condonation application, is of the view that the petitioners were prevented from sufficient cause in preferring this appeal within time.

4. Accordingly, this interlocutory application is allowed and the delay of 92 days in preferring this appeal, is hereby condoned. C. Review No. 127 of 2024:

5. The instant civil review petition is filed for review of the order dated 24.04.2024 passed by this Court in LPA 581 of 2023 whereby the appeal filed by the respondents/appellants against the order dated 22.08.2023 passed by the learned writ Court in W.P.(C)No. 89 of 2023 has been rejected.

6. The factual background for filing the instant review is referred hereinunder which reads as:

The writ-petitioners (respondent herein) have filed R.M. Case No. 23/96-97 before the S.D.O. Madhupur for eviction of respondents (appellants/ petitioners herein) from part of Plot No. 337 01 and half decs (out of 03 decs) of common J.B. No. 76 of Mouza Karamdih. Learned S.D.O. vide order dated 02.01.1997/04.06.1997 directed the respondents to give (by way of swapping) 1and half decs land in Plot No. 336 to the writ-petitioners within a month, failing which respondents would be evicted and vide order dated 04.06.1997 direction was given to initiate eviction proceeding against the respondents.

The appellants-respondents filed R.M.A. No. 31/97-98 before Deputy Commissioner, Deoghar. The Deputy Commissioner, Deoghar vide order dated 28.07.2017 was pleased to set aside order of the S.D.O. and remitted the case back to S.D.O. directing him to file an appropriate proposal before the Court below for swapping of land (of their own portion) of same value in Mouza Kurmidih other than Plot No. 336.

The appellants-respondents pursuant to order of Deputy Commissioner filed an application dated 06.11.2017 before the Learned S.D.O. that they are ready to swap their land in Plot No. 1370 to the petitioners. The matter was entrusted for inquiry to C.O., who submitted his report dated 20.04.2018 No. 261 recommending to allow the same.

The S.D.O. after going through the report of the C.O. and further after spot verification in presence of both the parties and in agreement of the parties vide order dated 29.06.2018 have directed the respondents to swap Plot No. 319 (01 dec) and 200 Sq ft. in same Plot No. 336 also set apart a rasta of 5 feet. The Deputy Commissioner, Deoghar vide its order dated 21.08.2018 in R.M.A. No. 34/2018-19 has observed that the claim of the appellants (respondents) is not in accordance with law and thus dismissed the said appeal and the order dated 29.06.2018 in R.M.A. Case No. 23/1996-97/92/2017-18 was upheld.

The appellants-respondents filed Rev. Misc. Revision No. 01/2020-21 in the Court of the Commissioner, Santhal Pargana Division at Dumka against the order dated 21.08.2018 passed by the Deputy Commissioner, Deoghar in R.M.A. No. 34/18-19 (confirming order dated 29.06.2018 passed by the S.D.O. Madhupur in R.M. Case No. 23/96-97/92/17- 18 directing appellants to swap land measuring 1 and half dec. in Plot No. 336).

The Commissioner vide order dated 20.05.2022 has set aside the order dated 21.08.2018 passed by the Deputy Commissioner in R.M.A. No. 34 of 18-19 and also the order dated 29.06.2018 passed by the S.D.O. in R.M. Case No. 23/96-97/92/17-18. Being aggrieved with the said order, the writ petitioners approached this Court by filing a writ petition being W.P.(C) No. 89 of 2023, whereby and whereunder, the order passed dated 20.05.2022 passed by the Commissioner, Santhal Pargana Division, Dumka in Revenue Misc. Revision No. 01 of 2020- 21 has been set aside against which the letters patent appeal being L.P.A. No. 581 of 2023 has been filed, which has also been dismissed, against which the instant civil review has been filed.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqOz%2FXA3XoFtA%2B8l6iX6qecxUEMp9fLy7406M%2BhkO5A3q&caseno=C.Rev./127/2024&cCode=1&cino=JHHC010315442024&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.