Sukhu Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4318 of 2020 ====================================================== Sukhu Saw Son of Late Kaltu Sao @ Kalut Sao Resident of VillageLakhanpur Tola Samkuda, P.S.- Punpun, District- Muzaffarpur.... ... Petitioner/s

Versus

1.

The State of Bihar through The Collector Patna. 2.

The Divisional Commissioner, Patna.

3.

The DCLR Masauri, District- Patna.

4.

The Circle Officer Punpun, District- Patna.

5.

Ravindra Singh son of Late Kedar Singh Resident of Village- Taranpur, P.S.- Gaurichak, District- Patna.

6.

Awadhesh Singh alias Braj Kishore Singh son of Late Kedar Singh Resident of Village- Taranpur, P.S.- Gaurichak, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Phulen Yadav For the Respondent/s :

Mr. Raj Kishore Roy ( Gp18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-11-2023 Heard the learned counsel for the parties.

2. This writ application has been filed for quashing the order dated 11.03.2016 passed by Divisional Commissioner passed in Land Dispute Appeal No. 481 of 2012 whereby the order dated 13.07.2012 passed in Case No. 7 of 2009 by the DCLR, Masauri Patna has been quashed and further for an issuance of writ/order commanding respondents to create Jamabandi in the name of petitioner with respect to land in dispute and issue rent receipt to them.

3. At the very outset, learned counsel for the State submits that petitioner has statutory alternative remedy of

Patna High Court CWJC No.4318 of 2020(2) dt.06-11-2023 2/2 making application before Bihar Land Tribunal against the order which are impugned.

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

5. In the aforesaid facts and circumstances of the case, this writ application is disposed of with an observation that petitioner is at liberty to move before the competent authority which may be available to him in accordance with law.

6. It is made clear that if petitioner approaches the appropriate forum, the concerned authority/forum would have regard to the present proceeding being pursued by the petitioner, while considering any issue relating to condoning of delay, if applicable.

7. Accordingly, this writ application stands disposed of.

(Prabhat Kumar Singh, J) Koushik/- U