Pradeep Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2315 of 2017 ====================================================== Pradeep Prasad Son of Late Gopaljee Prasad Resident of village, PO and PS - Lauriya, District - West Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector, West Champaran.

3.

The Deputy Collector Land Reforms, West Champaran. 4.

The Circle Officer, Lauriya, West Champaran.

5.

Lal Babu Prasad Son of Late Nathuni Sah Resident of Village, PO and PS - Lauriya, District - West Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar, Advocate For the Respondent/s :

Md. Khurshid Alam- AAG12 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-05-2023 Heard learned counsel for the parties.

The petitioner has filed the instant application for the following relief(s):

" i.For quashing of the order dated 25.08.10 passed in Mutation Revision no.89/09-10 passed by the Additional Collector, West Champaran Bettiah where under and whereby mutation order and order passed by the appellate authority cum DCLR, Narkatiaganj dated 08.07.2000 passed in Mutation Appeal no.25/19992000 has been held as bad and the order has been set aside and the Circle officer has been directed to pass fresh order after making spot inspection. ii. That for setting aside the order dated 13.12.13 contained in memo no.1891 dated

Patna High Court CWJC No.2315 of 2017(2) dt.12-05-2023 2/2 26.12.13 passed by Circle Officer, Lauriya by which the Circle Officer, Lauriya (West Champaran) has cancelled Jambandi no.710 which was standing in name of the petitioner and his brothers since earlier ignoring that TS No.251/1998 is pending between the parties for adjudication before learned Munsif, Narkatiyaganj."

Having heard the observations of this Court that the petitioner has an equally alternative and efficacious remedy by way of moving before the Tribunal under the Bihar Land Tribunal Act, 2009, learned counsel for the petitioner seeks permission to withdraw this application to move an appropriate application before the Tribunal.

In case an application before the Tribunal against the order impugned is preferred, the learned Tribunal in considering the limitation petition shall take into consideration the period for which the instant application was being pursued by the petitioner in this Court and shall decide the application so preferred on its own merit.

This writ application stands disposed of as withdrawn with the aforesaid observations and directions. (Partha Sarthy, J) Saurabh/- U