Yogendra Shah v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3118 of 2019 ====================================================== Yogendra Shah Son of Ekbali Shah @Akbal Sah Resident of VillageMalkhochak, P.S. Dighwara, District- Saran. ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Land Revenue Department Govt. of Bihar, Patna.
2. District Magistrate, Saran at Chapra
3. Sub Divisional Officer, Sonepur, District Saran at Chapra.
4. Anchal Adhikari, Sonepur, District Saran at Chapra.
5. Ram Babu Shah Son of late Madhuban Shah Resident of Village Ami, P.S. Dighwara, District Saran at Chapra.
6. Shyam Babu Shah Son of late Madhuban Shah Resident of Village Ami, P.S. Dighwara, District Saran at Chapra.
7. Prabhu Shah Son of Ramnath Shah Resident of Village- Hirzapur, P.S. Devar Nagar, District- Saran at Chapra.
8. Banshi Shah Son of Ramnath Shah Resident of Village- Hirzapur, P.S. Devar Nagar, District- Saran at Chapra.
9. Dashrath Shah Son of late Kishori Shah Resident of Village- Malkhchak, P.S. Dighwara, District Saran at Chapra.
10. Dev Kumar Shah Son of late Kishori Shah Resident of Village- Malkhchak, P.S. Dighwara, District Saran at Chapra.
11. Chhedi Shah Son of late Kishori Shah Resident of Village- Malkhchak, P.S. Dighwara, District Saran at Chapra.
12. Dinesh Shah Son of late Kishori Shah Resident of Village- Malkhchak, P.S. Dighwara, District Saran at Chapra.
13. Baijnath Shah Son of late Ramnath Shah Resident of Village- Malkhchak, P.S. Dighwara, District Saran at Chapra.
14. Krishna Shah Son of late Ramnath Shah Resident of Village- Malkhchak, P.S. Dighwara, District Saran at Chapra.
15. Moli Shah Son of late Ramnath Shah Resident of Village- Malkhchak, P.S. Dighwara, District Saran at Chapra.
16. Sapan Shah Son of late Ramnath Shah Resident of Village- Malkhchak, P.S. Dighwara, District Saran at Chapra.
17. Bechu Shah Son of late Ramnath Shah Resident of Village- Malkhchak, P.S. Dighwara, District Saran at Chapra.
18. Gulab Shah Son of late Ramnath Shah Resident of Village- Malkhchak, P.S. Dighwara, District Saran at Chapra.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar For the Respondent/s :
Mr.Md. Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
Patna High Court CWJC No.3118 of 2019(2) dt.18-02-2019 2/2 18-02-2019 Heard learned counsel for the parties.
The petitioner is aggrieved by an order dated 27.03.2018, passed in Parcha Appeal Case No. 03 of 2017 by the Collector, Saran, Chapra The matter arises out of a proceeding under the Bihar Privileged Persons Homestead Tenancy Act, 1947. The petitioner, in my view, has remedy before the Bihar Land Tribunal (for short 'the Tribunal'), constituted under the Bihar Land Tribunal Act 2009, since the order of the Collector, which is impugned in the present writ application is final under the Bihar Privileged Persons Homestead Tenancy Act, 1947.
This writ application is accordingly disposed of with a liberty to the petitioner to approach the Tribunal in accordance with law.
If any question of delay in approaching the Tribunal arises, the petitioner shall be at liberty to apply for condonation of delay which shall also be considered in accordance with law. (Chakradhari Sharan Singh, J) HR/- U