Rajesh Sah @ Rameshwar Gond v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15124 of 2017 ====================================================== Rajesh Sah @ Rameshwar Gond Son of Ramharkh Gond, resident of VillageNaya Gain, P.S. Laukariya, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Collector, West Champaran at Bettiah. 2.

The Additional Collector, West Champaran at Bettiah. 3.

The Deputy Collector, Land Reforms at Bagaha, P.S. Bagaha, District- West Champaran.

4.

The Circle Officer.

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

For the Petitioner/s :

Mr.Prithvi Nath Mishra, 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. That this application is being filed for quashing the order dated 22.12.2016 passed by the Addl. Collector, West Champaran at Bettiah in Jamabandi Cancelled Case No. 129/2016-17 and order dated 7.10.2016 and order dated 10.07.2017 passed by the Bihar Land Tribunal, Patna in B.L.T. Case No. 1296/2015 respectively and also for a direction upon the respondent authorities specially the circle officer, S.D.O. and D.C.L.R. for restore the Jamabandi in favour of the petitioner on the basis of the Parcha issued by the respondent authorities in Settlement Case No. 199/2003-04 and L.R. No. 532/2003-04."

Patna High Court CWJC No.15124 of 2017 dt.20-08-2024 2/2

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 Bihar Land Mutation Act, 2011 before the Collector.

4. Considering the fact that the petitioner is having an alternative remedy, the petitioner is direction to file an appeal Section 9(6)(a) of Bihar Land Mutation Act, 2011 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