Ram Janam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3440 of 2023 ====================================================== Ram Janam Singh S/o Late Avilash Singh Resident ot Vilalge-Simra Dusadh, P.S. and Circle-Nabinagar, District-Aurangabad, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Deptt of Revenue and Land Reforms, Govt. of Bihar, Patna.

2.

The District Magistrate Cum Collector, Aurangabad. 3.

The Additional Collector, Aurangabad, Bihar.

4.

The Deputy Collector Land Reform, Aurangabad. 5.

The Circle Officer, Circle Nabinagar, Distt.-Aurangabad. 6.

Ganesh Singh Son of Late Mathura Singh Resident of Vilalge-Circle Nabinagar, Distt.-Aurangabad.

7.

Ranjan Kumar Sinha Son of Late Bachan Lal Resident of Village-Parsa P.S. Nabinagar, Distt.-Aurangabad.

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

For the Petitioner/s :

Mr. Vyas Kumar Mishra, Adv.

:

Mr. Anirudh Kumar Verma, Adv.

For the Respondent/s :

Mr. Md. Khurshid Alam ( AAG 12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for setting aside the order dated 26.07.2018 passed in Zamabandi cancellation case no.305 of 2017-18 passed by the Additional Collector, Aurangabad, as well as, the order dated 03.08.2022 passed in Zamabandi cancellation Appeal No.444 of 2018 passed by the District Magistrate-cum-Collector, Aurangabad.

3. Counsel for the State submits that under the Bihar

Patna High Court CWJC No.3440 of 2023(2) dt.25-07-2023 2/2 Land Mutation Act, 2011 (Act 23 of 2011), the said order passed under Zamabandi appeal is challengeable under Zamabandi revision before the Divisional Commissioner.

4. In this view of the matter, since there is statutory remedy already available to the petitioner, therefore, the petitioner is directed to prefer his Zamabandi revision for redressal of his grievances before the Divisional Commissioner, Magadh Division.

5. Delay, if any, in pursuing the remedy before the Divisional Commissioner, Magadh Division, is hereby directed to condone.

(Dr. Anshuman, J.) Ashishsingh/- U