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Issues: Whether restoration proceedings under the Bihar Kosi Area (Restoration of Lands to Raiyats) Act, 1951 could be entertained after inordinate and unexplained delay when no express period of limitation was prescribed.
Analysis: The statutory scheme permitted restoration of lands sold or ejected within the specified period, but where the Act did not prescribe a limitation period, the power had to be invoked within a reasonable time. A beneficial statute does not authorise the reopening of long-settled transactions after decades, particularly where the property has changed hands several times and third-party rights have intervened. The delay here was found to be gross, unexplained, and unjustified, both in the initial application and in the later attempt to revive the matter after dismissal in default. The contention that the authority could act suo motu at any time was rejected, as an unfettered temporal exercise of such power would be arbitrary.
Conclusion: The restoration proceedings were barred by unreasonable delay and could not be sustained; the appeal was liable to be dismissed.