Jagmohan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15906 of 2017 ====================================================== Jagmohan Singh son of Late Dubri Singh Resident of Village - Cherkap Tola Chamraha, P.S. - Tilauthu, District - Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Land Revenue Department, Govt. of Bihar.

2.

The District Magistrate, Rohtas.

3.

The Addl. Collector, Rohtas.

4.

The D.C.L.R. Dehri, Rohtas.

5.

The Circle Officer, Tilauthu, Rohtas.

6.

Nathuni Kumhar S/o Late Bigan Kumhar 7.

Vishwanath Kumhar S/o Late Bigan Kumhar Both residents of Village - Cherkap Tola Chamraha, P.S. - Tialuthu, District - Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar, Adv.

For the Respondent/s :

Mr.Md. Khurshid Alam - AAG12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-09-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2.

The present writ application has been filed for the following relief/s:- "i) That this writ petition is being certiorari quash the order dated 11.8.2017 passed by the Addl. Collector Rohtas at Sasaram in Mutation Revision Case No. 196/2014-15. The learned Addl. Collector wrongly passed this order."

3.

At the outset, learned counsel for the State submits that the petitioner is having an alternative remedy by way of

Patna High Court CWJC No.15906 of 2017(3) dt.03-09-2024 2/2 filing an application before the Bihar Land Tribunal under Section 9 of the Bihar Land Mutation Act, 2011. 4.

Considering the fact that the petitioner is having an alternative remedy, the petitioner is directed to file application along with the copy of this order before the Bihar Land Tribunal as per the provisions of Section 9 of the Bihar Land Mutation Act, 2011 within a period of four weeks along with application of condonation of delay in filing the application and the Tribunal, 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) rishi/- U