Bindu Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17254 of 2018 ====================================================== Bindu Kumari Wife of Sri Jalaj Kumar, Resident of Village- Bhadari, P.S.- Silao, District- Nalanda at Biharsharif.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Revenue, Land & Reforms Department, Bihar, Patna.

2.

Additional Secretary, Revenue and Land Reforms Department, Bihar, Patna. 3.

The Collector, Nalanda at Biharsharif.

4.

The Additional Collector, Nalanda at Biharsharif. 5.

The District Land Acquisition Officer, Nalanda-cum-competent Authority, N.H.- 82, District- Nalanda 6.

The Circle Officer, Silao, District- Nalanda at Biharsharif. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Indu Bhushan, Advocate For the State :

Mr. Dhurjati Kumar Prasad (GP-14) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-03-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The present writ petition has been filed for quashing of the order dated 20.03.2018 passed in Jamabandi Cancellation Case No.23/2016 (annexed as Annexure-2).

3. Learned Counsel for the State raised preliminary objection and submits that petitioner has statutory remedy under Section 9(6) of the Bihar Land Mutation Act, 2011 (Act No. 23 of 2011) to challenge the order before the district Collector. But instead of challenging the order before the district Collector,

Patna High Court CWJC No.17254 of 2018(3) dt.03-03-2025 2/2 petitioner has directly move before this Hon'ble Court.

4. Learned Counsel for the petitioner submits that in the light of the objection raised by Counsel for the State, liberty may be granted to prefer the appeal before the appropriate forum.

5. In the light of the submissions made, this writ petition is hereby disposed off granting liberty to the petitioner to avail her remedy of appeal before the appellate forum i.e. The Collector, Nalanda at Biharsharif (Respondent no.3) within 30 days from today and Respondent no.3 shall pass order within 90 days from the date of completion of appearance of all concerned.

6. It is made clear that the delay if any in filing the appeal is hereby directed to be condoned.

(Dr. Anshuman, J) Divyansh/- U