Gita Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5402 of 2019 ====================================================== Gita Singh, Wife of late Ramdas Singh, Resident of 38, Patal Babu Road, P.S.-Tilkamanjhi, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

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

The Commissioner, Bhagalpur Division, Bhagalpur 3.

The District Magistrate-Cum-Collector, Bhagalpur. 4.

The Additional Collector, Bhagalpur 5.

The D.C.L.R. Bhagalpur, 6.

The Circle Officer, Sabour, Bhagalpur 7.

Nanda Devi, Wife of Dr. Suresh Pd. Singh, D/o Late Ramdas Singh Resident of Mohalla-Mundichak, Patal Babu Road, Police Station- Tilkamanjhi, District- Bhagalpur.

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

For the Petitioner/s :

Mr. Binod Kumar Singh Mr. Md. Najmul Hodda For the Respondent/s :

Mr. Raj Kishore Roy, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-04-2019 Heard learned Counsel for the parties concerned. Aggrieved by an order, dated 12.08.2018, passed by the Additional Collector, Bhagalpur, whereby he has allowed a mutation revision application, the petitioner has filed the present writ application challenging the said order, dated 12.08.2018. The petitioner contends that by the impugned order, the Additional Collector, Bhagalpur, has set aside an order, dated 01.07.2016, passed in Mutation Appeal Case No. 82 of 2015-16, which was in the petitioner's favour, without giving the

Patna High Court CWJC No.5402 of 2019(3) dt.08-04-2019 2/2 petitioner any opportunity of hearing.

It is not disputed, however, that the petitioner has alternative statutory remedy before Bihar Land Tribunal, which she can avail.

This application is, thus, disposed of with the observation that the petitioner shall have liberty to approach the Tribunal by making proper application.

It is observed that if any question of limitation arises before the Tribunal, the Court expects that the Tribunal shall keep in mind the fact that the petitioner was pursuing her remedy before this Court, by filing writ application, for the purpose of considering any prayer for condonation of delay. (Chakradhari Sharan Singh, J.) ragini/- U