Vakil Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14194 of 2017 ====================================================== Vakil Prasad Singh S/o late Kapil Deo Singh R/o - Habsapur, Post- Sarsi Via Paliganj, P.S. Paliganj, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The District Magistrate, Patna.

4.

The Additional Collector, Land Reforms, Patna. 5.

The Deputy Collector, Land Reforms, Paliganj, Patna. 6.

The Circle Officer, Paliganj, Patna.

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

For the Petitioner/s :

Mr. Manisha Singh, Advocate For the Respondent/s :

Mr. Rishi Raj Sinha, SC-19 :

Mr. Saurabh Kumar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-08-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2. The present writ application has been filed for following reliefs:- "(i) For issuance of order, direction or writ quashing the order dated 28.06.2017 passed by Respondent DCLR, Paliganj whereby he has refused to restore entry of Khata No. 47 in rent receipt of which Jamabandi was created in favour of the Petitioner vide

Patna High Court CWJC No.14194 of 2017(2) dt.05-08-2024 2/3 Jamabandi No. 22 and further directed the Circle Officer to send proposal to the Additional Collector for cancellation of Jamabandi.

(ii) For a direction upon the Respondent to consider the case of the petitioner in the light of Resolution No. 925 dated 11.11.2014 issued by Principal Secretary of the Land Reforms Department whereby settlement by registered patta of gaimajarua malik land was held to be raiyati land of his successor. (iii) Any other order/orders for which the petitioner is found entitled to in the facts and circumstances of the case."

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 against the order dated 28.06.2017 passed by respondent DCLR, Paliganj.

4. Considering the fact that the petitioner is having an alternative remedy, the petitioner is directed to file revision

Patna High Court CWJC No.14194 of 2017(2) dt.05-08-2024 3/3 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.

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

(Rudra Prakash Mishra, J) Alok Verma/- U