Meraj Khan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11977 of 2017 ====================================================== Meraj Khan, Son of Qutbuddin Khan, Resident of Dhanpura, P.O. and P.S.- Kochandhaman, District-Kishanganj.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Collector, Kishanganj. 2.

The Additional Collector, Kishangaj.

3.

The Deputy Collector Land Reforms LRDC, Kishanganj 4.

The Circle Officer, Kishanganj Anchal, District-Kihanganj. 5.

Kumar Rahul Prasad, Son of Late Chandra Mohan Prasad Resident of Sonarpatti, P.O. and P.S.-Kishanganj, District-Kishanganj. 6.

Md. Nazim, Son of Late Qutubuddin, Resident of Gangi Tola Atalabari, P.O. and P.S.-Bahadurganj, District-Kishanganj 7.

Bijoy Kumar Kasliwal, Son of Late Bhanwar Lal, Resident of Dharamganj, P.O. and P.s.-Kishanganj, District-Kishanganj. 8.

Sirajul Huda, Son of Late Shamsul Huda, Resident Line Anjuman Islamia Marg, P.O. and P.S.-Kishanganj, District-Kishanganj 9.

Raj Kishore Singh, Son of Hanuman Singh, Resident of Lahra Chowk, P.O. and P.S.-Kishanganj, District-Kishanganj.

10.

Rajendra Singh, Son of Jairam Singh, Resident of Dharamganj, P.O. and P.S.-Kishanganj, District-Kishanganj 11.

Smt. Satnam Kaur, Wife of Rajendra Singh, Resident of Dharamganj, P.O. and P.S.-Kishanganj, District-Kishanganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Satish Kumar Sinha, Advocate For the State :

Mr. Raj Kishore Ray, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-12-2023

1. Heard learned counsels for the parties.

2. This writ application has been filed for setting aside the order dated 04.08.2014 passed in Mutation Revision Case No. 22 of 2012-13 by the Additional Collector, Kishanganj, whereby and whereunder the revision application

Patna High Court CWJC No.11977 of 2017(2) dt.07-12-2023 2/3 filed by the petitioner has been dismissed and order dated 06.11.2009 in Mutation Appeal No. 02/2009-10 passed by the Deputy Collector Land Reforms, Kishanganj, has been affirmed and further to quash the order dated 06.11.2009 passed by the Deputy Collector Land Reforms, Kishanganj in Mutation Appeal No. 02/2009-10.

3. Learned counsel for the State raises preliminary objection to the maintainability of the case on the ground that petitioner has got alternative statutory remedy before the Bihar Land Tribunal.

4. Learned counsel for the petitioner does not dispute the above proposition.

5. In the above view of the matter, this Court is not inclined to interfere in the matter in its extra-ordinary writ jurisdiction.

6. In view of the aforesaid facts and circumstances of the case, this writ application is disposed of with liberty to the petitioner to approach the Bihar Land Tribunal for redressal of his grievances, in accordance with law.

7. If the petitioner files his representation/ appeal/application before the Bihar Land Tribunal within a period of ten weeks from today, the same shall be disposed of in

Patna High Court CWJC No.11977 of 2017(2) dt.07-12-2023 3/3 accordance with law.

8. It goes without saying that if any question of limitation arises before the Bihar Land Tribunal, the same shall be considered, taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India.

(Prabhat Kumar Singh, J) shashank/- U