Sudarshan Mishra And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12916 of 2016 ====================================================== 1.

Sudarshan Mishra, Son of Late Jagdish Mishra 2.

Rang Nath Mishra Son of Late Kedar Mishra Both residents of village - Pitambarpur, P.O. P.S. Shivsagar, District - Rohtas at Sasaram ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Collector, District Collectorate, Rohtas at Sasaram 3.

The Additional Collector, Rohtas at Sasaram 4.

The Land Reforms Deputy Collector, Sasaram, District Rohtas at Sasaram 5.

The Circle officer, Shivsagar Circle, Shivsagar District Rohtas at Sasaram 6.

Sri Pati Mishra Son of Late Ram Jagi Mishra 7.

Dineshwar Mishra 8.

Ramesh Mishra @ Rameshwar Mishra 9.

Ram Pravesh Mishra Sons of Late Ram Sakel Mishra All Private Respondents are resident of village - Pitambarpur P.O. P.S. Shivsagar, District Rohtas at Sasaram ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghunandan Kumar Singh, Advocate For the Respondent/s :

Mr.Ajay- GA12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 16-07-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ application has been filed for quashing the order dated 16.6.2015 passed in Jamabandi cancellation case No. 33/2014 issued vide letter No. 1069 dated 16.6.2015 by which the learned Court of Respondent No. 3 has

Patna High Court CWJC No.12916 of 2016 dt.16-07-2024 2/2 been pleased to allow the case of private respondent No. 6 to 9 by cancelling the Jamabandi No. 3/2 and 3/3 which has never been created/existed.

3. At the outset, learned counsel for the State submits that the petitioner is having an alternative remedy by way of filing appeal before the Collector under Section 9(6) of the Bihar Land Mutation Act, 2011.

4. Considering the above that the petitioner is having an alternative remedy, the petitioner is directed to file appeal before the Collector (respondent No. 2) as per the provisions of Bihar Land Mutation Act, 2011 within a period of four weeks along with application for condonation of delay in filing the appeal and the Collector after considering the fact that 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 Uploading Date 22.07.2024 Transmission Date