TMI Blog2002 (3) TMI 928X X X X Extracts X X X X X X X X Extracts X X X X ..... been receiving rent from the said Dev Narayan Prasad. On 9th February, 1962 the said Dev Narayan Prasad sold the said land to the Appellant by a registered Sale Deed. 3. On 18th May, 1979 a notice was issued to the Appellant under Section 3 of the Bihar Land Encroachment Act. The Appellant replied to the Notice. Whilst these proceedings were pending, on 16th January 1982 a Notification was issued under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter called the said Act). This was followed by a Declaration under Section 6 on 25th May, 1982. The Appellant filed a claim under Section 9 of the said Act. Similarly, the Circle Officer, on behalf of the State, filed a claim under Section 9 of the said Act. An Award came to be passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etc. vs. State of Haryana Ors. (supra) held that such an appeal is maintainable. We have heard learned counsel for the parties. On a plain reading of Section 54 of the Land Acquisition Act, we are, prima facie, of the view that no Letters Patent Appeal is maintainable. However, since no reason has been assigned in the case of Basant Kumar vs. Union of India (supra) for holding that the Letters Paten Appeal is maintainable against the judgment of a Single Judge of the High Court passed in an appeal filed under Section 54 of the Act, we are of the view that this case requires to be decided by a Bench of three Hon'ble Judges. Let this matter be placed before Hon'ble the Chief Justice of India for appropriate orders. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the High Court in exercise of the powers conferred on it under s. 108 of the Government of India Act, 1915, an appeal under s. 39 of the Act will be heard by a single Judge. Any judgment made by the single Judge in the said appeal will, under cl. 10 of the Letters Patent, be subject to an appeal to that Court. If the order made by a single Judge is a judgment and if the appropriate Legislature has, expressly or by necessary implication, not taken away the right of appeal, the conclusion is inevitable that an appeal shall lie from the judgment of a single Judge under cl. 10 of the Letters Patent to the High Court. It follows that, if the Act had not taken away the Letters Patent appeal, an appeal shall certainly lie from the judgment of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly, it being the judgment of the Single Judge, an appeal would lie to the same Court in the form of LPA to the Division Bench. The Division Bench was not right in holding that the LPA would not lie to the High Court against the judgment of the Single Judge. To that extent, the view of the High Court is not correct. 9. A Letters Patent is the charter under which the High Court is established. The powers given to a High Court under the Letters Patent are akin to the constitutional powers of a High Court. Thus when a Letters Patent grants to the High Court a power of Appeal, against a judgment of a single Judge, the right to entertain the appeal would not get excluded unless the concerned statutory enactment excludes an appeal under the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only indicates that the Legislature intended that there should be only one appeal in the High Court. Mr. Sharan submits that Section 54 also provides that from such an appeal an appeal shall lie to the Supreme Court . He submits that this makes it clear that Section 54 provides for only one Appeal to the High Court and then an appeal to the Supreme Court. He submits that on a plain reading of Section 54 it is clear that a Letters Patent Appeal would not lie against a Judgment passed by a single Judge of the High Court in an Appeal under Section 54. 13. On the other hand, Mr. Mathur has submitted that a Letters Patent Appeal would lie. He points out that almost all High Courts have taken the view that a Letters Patent Appeal would lie a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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