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Patna High CourtCWJC/3575/2017disposed

Satrughan Kumar And ANR v. The State Of Bihar And ORS

2024-07-18Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3575 of 2017 ====================================================== 1.

Satrughan Kumar 2.

Tribhuwan Kumar, Both sons of Ram Chalitar Singh, Both resident of Village- Afjalpur Purnea, P.S. Patepur, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Collector, Vaishali at Hajipur.

3.

Deputy Collector, Land Reforms, Mahua, District- Vaishali. 4.

Anchal Adhikari, Patepur Anchal, District- Vaishali. 5.

Punam Devi, Wife of Sanjay Prasad Singh.

6.

Krishna Devi, Wife of Mahendra Singh.

7.

Surajdeo Singh, Son of Late Devendra Prasad Singh, All resident of VillageAfjalpur Purnea, P.O. and P.S. Patepur, District- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Chandra Verma, Advocate For the Respondent/s :

Mr.Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 18-07-2024 Heard learned counsel for the petitioners and learned counsel for the State.

Patna High Court CWJC No.3575 of 2017 dt.18-07-2024 2/3

2. The present writ application has been filed for quashing the order dated 17.12.2015 passed by Respondent No. 3 in Mutation Appeal No. 136 of 2014-15 as contained in Annexure 4 as also the Mutation order passed by Respondent No. 4 vide Case No. 331 of 2009-10 in favour of Respondent No. 5 as contained in Annexure 3 and restore the Jamabandi of the petitioners with respect to the disputed land.

3. At the outset, learned counsel for the State submits that the petitioner is having an alternative remedy by way of filing Revision before the Collector/Additional Collector of the concerned district under Section 8 of the Bihar Land Mutation Act, 2011.

4. Considering the fact that the petitioner is having an alternative remedy, the petitioner is directed to file revision along with the copy of this order before the concerned Collector/Additional Collector as per the provisions of Section 8 of the Bihar Land Mutation Act, 2011 within a period of four weeks along with application of condonation of delay in filing the revision and the concerned Collector/Additional Collector, after considering the fact that the petitioner was pursuing his remedy before this Court, will condone the delay and dispose of the same in accordance with law.

Patna High Court CWJC No.3575 of 2017 dt.18-07-2024 3/3

5. With the aforesaid observation/direction, the present writ application stands disposed of.

(Rudra Prakash Mishra, J) Alok Verma/- AFR/NAFR NAFR CAV DATE Uploading Date 24.07.2024 Transmission Date