Pramod Kumar Chaudhari, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1940 of 2020 ====================================================== 1.

Pramod Kumar Chaudhari, son of Jayanarayan Chaudhari, resident of village- Patarghatti, ward no. 10, P.O. and P.S. Triveniganj, District- Supaul, PIN- 852139.

2.

Pinki Chaudhary, wife of Pramod Kumar Chaudhari, resident of villagePatarghatti, ward no. - 10, P.O. and P.S.- Triveniganj, District- Supaul, PIN852139. 3.

Rina Devi, wife of Vinod Kumar Sah, resident of village- Machaha Kushaha, ward no. 12, P.O.- Machaha, P.S.- Triveniganj, District- Supaul, PIN- 852139.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Land Reform and Revenue Department, State of Bihar, Patna.

3.

The Divisional Commissioner Koshi Division, Saharsa. 4.

The Collector-cum-District Magistrate, Supaul. 5.

6.

The Additional Collector, Supaul.

The Deputy Collector Land Reforms, Triveniganj, District Supaul. 7.

The Circle Officer, Triveniganj, District- Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pranav Kumar For the Respondent/s :

Mr.Md.Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-02-2020 Heard both sides.

The petitioners have filed this writ petition against the order dated 11.05.2018 passed by Additional Collector, Supaul in Jamabandi Cancellation Case No.36 of 2017, 4 of 2017-18 in view of the provisions as contained in Section 9(6) of the Bihar Mutation Act. There is a provision of appeal against the order of

Patna High Court CWJC No.1940 of 2020(2) dt.04-02-2020 2/2 the Additional Collector passed under Section 9(1) of the Act. The petitioners have not exhausted the alternative remedy by filing appeal before the Collector. In this view of the fact, the learned counsel for the petitioners seeks permission to withdraw this writ petition with liberty to present memo of appeal against the order dated 11.05.2018 passed in Jamabandi Cancellation Case No.36 of 2017, 4 of 2017-18.

Having considered the facts, I dispose of this writ petition with a direction to the petitioners to present the appeal before the Collector within 30 days from the date of receipt of this order and on such, the Collector shall dispose of the appeal of the petitioners on merit without unsuiting the petitioners on the ground of limitation within six months.

With the aforesaid direction, this writ petition is disposed of as withdrawn.

(Prabhat Kumar Jha, J) Harish/- U