Binod Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3253 of 2018 ====================================================== 1.

Binod Singh, Son of Rajdeo Singh, 2.

Raj Nandan Singh, Son of Late Ramugrah Singh @ Ugrah Singh, 3.

Nagendra Singh, Son of Late Mani Singh, 4.

Birendra Singh, Son of Late Surjdeo Singh, 5.

Ravindra Singh, Son of Late Mani Singh, 6.

Binay Kumar, Son of Rajdeo Singh, All are resident of Village- Niyazipur, P.S.- Chandauti, District- Gaya.

... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Magadh Division, Gaya. 3.

The Collector, Gaya.

4.

The Additional Collector, Gaya.

5.

The Deputy Collector of Land Reforms, Gaya.

6.

The Circle Officer, Chandauti, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate Ms. Priya Ranjan, Advocate For the Respondent/s :

Mr. Md. Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-04-2023 Heard learned counsel for the petitioners and learned counsel for the respondents.

The petitioners have filed the instant application for the following relief(s):- "That this is an application for issuance of an appropriate writ/writs, order/orders, direction/directions for quashing the order dated 27.07.2017 passed by learned Additional Collector

Patna High Court CWJC No.3253 of 2018(3) dt.24-04-2023 2/3 Gaya in Rent Fixation appeal No 25/2014-2015 as also the order dated 23.12.2013 passed by Deputy Collector of Land Reforms in Rent Fixation Case No 42/2012-2013 which the petitioner had filed and the same have been dismissed and also for quashing the consequential orders dated 17.11.2017 issued by the Divisional Commissioner Magadh Division Gaya by which order has been issued to initiate certificate proceeding against the petitioner. The petitioner further prays for any other relief(s) for which the petitioner may be found entitled in the facts and circumstances of the present case. That the petitioners are citizen of India who resides within the jurisdiction of this hon'ble court."

At the outset, learned counsel for the respondents submits that the petitioners have an alternate and efficacious remedy of filing an application for the relief prayed for in the instant application and against the order impugned before the Tribunal constituted under the Bihar Land Tribunal Act, 2009. Having heard learned counsel for the parties and taking into consideration the contents of the petition, the Court finds substance in the submission made on behalf of the respondents.

Accordingly, this writ application is disposed of with the direction to the petitioners to prefer an appropriate application before the Tribunal constituted under the Bihar Land

Patna High Court CWJC No.3253 of 2018(3) dt.24-04-2023 3/3 Tribunal Act, 2009, which if filed, shall be considered in accordance with law.

(Partha Sarthy, J) avinash/- U