Most. Nibha Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19762 of 2018 ====================================================== Most. Nibha Devi Wife of Late Vimal Narayan Jha @ Vimal Nath Jha, Resident of Village Thengaha Police Station- Sakatpur, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector Darbhanga, Bihar.

3.

The Sub-Divisional Officer, Sadar Darbhanga, Bihar. 4.

The Circle Officer, Tardih, Darbhanga, Bihar. 5.

Tara Devi, Wife of Chandeshwar Sadai.

6.

Sudhira Devi, Wife of Chhote Sadai 7.

Purni Devi, Wife of Dahu Sadai.

8.

Sheela Devi, Wife of Bhume Sadai.

9.

Kanchan Devi, Wife of Sunil Sadai.

10.

Basanti Devi, Wife of Garib Sadai.

11.

Chhotki Devi, Wife of Yogendra Sadai.

12.

Janki Devi, Wife of Jagdish Sadai.

13.

Ruby Devi, Wife of Bishambhar Sadai.

14.

Pano Devi, Wife of Sanjay Sadai.

15.

Channar Devi, Wife of Shiv Kumar Sadai.

16.

Ash Devi, Wife of Gharan Sadai.

17.

Buchni Devi, Wife of Manoj Sadai.

18.

Mantoriya Deiv, Wife of Dilip Sadai.

19.

Manjula Devi, Wife of Bhattu Sadai.

20.

Manjula Devi, Wife of Pawan Sadai.

21.

Sudhira Devi, Wife of Surat Sadai.

22.

Dukhani Devi, Wife of Moti Sadai.

23.

Manni Devi, Wife of Puran Sadai.

24.

Reeta Devi, Wife of Devi Gangai Sadai.

25.

Sumitra Devi, Wife of Damodar Sadai.

26.

Sanjania Devi, Wife of Dinesh Sadai.

27.

Kariyahi Devi, Wife of Yashodhar Sadai.

28.

Reeta Devi, Wife of Mahesh Sadai.

29.

Amrita Devi, Wife of Ramesh Sadai.

30.

Rekha Devi, Wife of Domi Sadai.

Patna High Court CWJC No.19762 of 2018(4) dt.16-05-2023 2/3 31.

Amrika Devi, Wife of Lal Babu Sadai.

32.

Chameli Devi, Wife of Arun Sadai.

33.

Kariyahi Devi, Wife of Asharfi Sadai.

34.

Marni Devi, Wife of Ashok Sadai.

35.

Sobhit Devi, Wife of Binod Sadai. Respondent no. 5 to 35 are resident of Village- Debna Mushahri, Police station- Sakatpur, District- Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Durga Nand Jha, Advocate For the State :

Mr. Mukul Prasad, AC to GP 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-05-2023 Learned counsel appearing on behalf of the petitioner has admitted that the petitioner has alternative statutory remedy against the impugned order dated 23.03.2018 by virtue of Section 9(1)(vii) of the Bihar Land Tribunal Act, 2009. He seeks permission to withdraw this application with a liberty to approach the Bihar Land Tribunal to assail the order passed by the Collector, Darbhanga. He further submits that the petitioner had approached this Court soon after passing of the impugned order dated 23.03.2018. His application before the tribunal, if filed, now shall be time barred. He seeks certain observation from this Court for condonation of delay if the petitioner approaches the Tribunal.

This application is dismissed as withdrawn with a liberty to the petitioner to approach the tribunal by making

Patna High Court CWJC No.19762 of 2018(4) dt.16-05-2023 3/3 appropriate application. If an application is filed against the order which is impugned in the present writ application within one month from today with an application for condonation of delay, the Tribunal shall, while considering the petitioner's application for condonation of delay, keep in mind the fact that the petitioner was pursuing his remedy before this Court by filing the present writ application.

(Chakradhari Sharan Singh, J) Rajesh/Sachin/- U