Shambhu Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6286 of 2017 ====================================================== Shambhu Kumar Son of Late Raj Kishore Yadav. Resident of Village-bank Post Office Bank. District-Munger.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Additional Collector, Munger. 2.

The Circle Officer Sadar, Munger 3.

Yugeshwar Yadav Son of Late Govind Mahto @ Govind Yadav @ Vovind Gope 4.

Sahdeo Yadav 5.

Inderdeo Yadav Son of Late Shibu Yadav 6.

Chandra Deo Yadav All resident of Mohalla-Shadipur Konda Maidan College Road. Police Station Kasim Bazar. District Munger.

7.

Gopichand Yadav Son of Bijo Yadav Resident of Mohalla-Shadipur. Kasim Maidan Police Station-Kasim Bazar. District-Munger. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Bhushan, Advocate Mr. Harshwardhan Sahay, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha-Sc19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 20-08-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. Following relief(s) have been prayed for in paragraph No. 1 of the present writ application: "1 (i) For quashing the order dated 3.2.2017 passed by Additional Collector, Munger in Jamabandi cancellation Case No. 7 of 2016-17.

(ii)For quashing order dated 17.2.16 passed by Circle Officer Sadar Munger in Measurement Case No. 7 of 2014-15.

(iii) For directing the Circle Officer, Sadar, Munger

Patna High Court CWJC No.6286 of 2017 dt.20-08-2024 2/2 to take measurement of land of petitioner.

(iv) Any order/orders as deem fit and proper."

3. At the outset, learned counsel for the State submits that the petitioner is having an alternative remedy by way of filing an appeal under Section 9(6)(a) of the Bihar Land Mutation Act, 2011 before the Collector of the District against the order of Additional Collector.

4. Considering the above that the petitioner is having an alternative remedy, the petitioner is directed to file an appeal within a period of four weeks along with application for condonation of delay and the concerned authority on considering the fact that the petitioner was pursuing his remedy before this Court will condone the delay and dispose of the appeal in accordance with law.

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

(Rudra Prakash Mishra, J) Pankaj/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 23.08.2024 Transmission Date N/A