Kusheshwar Asthan Prakhand Matasyajivi Swablambi Sahkari Samiti Ltd. vs The State of Bihar and Others

This appeal is barred by limitation.

After hearing learned Counsel for the parties and taking into consideration the averments made in the limitation petition, we are satisfied that sufficient ground has been made out to condone the delay. Accordingly, the delay in filing this appeal is condoned.

This appeal is directed against the order dated 19.5.2003 passed by the learned single Judge in C.W.J.C. No. 3442 of 2003 (reported in Kusheshwar Asthan Prakhand Matasyajivi Swablambi Sahkari Samiti Ltd. Vs. The State of Bihar and Others, ) upholding the order passed by the concerned authority canceling the settlement of the Appellant for the next two years commencing from 1st April, 2003.

Learned Single Judge has gone into the matter in detail and has found that the settlement in favour of the Appellant was not justified. He also noticed that the authority has taken a lenient view in the matter and allowed the settlement made in favour of the Appellant to continue for one year ending on 31st March, 2003.

We fully agree with the view of the learned single Judge and do not find any merit in this appeal and the same is accordingly dismissed.

It is made clear that in case of settlement in future if the Appellant fulfils all the conditions at the relevant time, its case will be considered for settlement in accordance with law.