Shahzad Akhtar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18690 of 2016 ====================================================== 1.

Shahzad Akhtar 2.

Manzar Alam 3.

Tauqueer Usmani 4.

Iqubalssaid@ Aqubal 5.

Abu Sarwar 6.

Abu Nawaz All Son of late Abdul Sattar All Resident of Village- Lodhabari, P.S. Police Station-Terhagachh, District Kishanganj. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The D.C.L.R. Kishanganj.

3.

The Circle Officer, Terhagach, District Kishanganj. 4.

The Circle Inspector, Tergahach, District Kishanganj. 5.

The Halka Karamchari, Halka No. 6, Terhagach, District Kishanganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Hussain, Advocate For the Respondent/s :

Mr. Dhurjati Kumar Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 03-09-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ application has been filed for following relief(s):

"1.I. For issuance of a writ of certiorari or any other appropriate writ, order, orders, directions for quashing the order dated 09.04.2016 passed by learned D.C.L.R., Kishanganj in

Patna High Court CWJC No.18690 of 2016 dt.03-09-2024 2/3 Mutation Appeal No. 21 of 2012-13 by which the learned D.C.L.R. has arbitrary, dismissed the mutation appeal of the petitioner affirming the order of C.O. Terhagach, Kishanganj.

II. For issuance of a writ of certiorari or any other appropriate writ order or orders, direction for quashing the order dated 04.05.2010 passed by Circle Officer, Terhagach, Kishanganj in Mutation Case No. 21 of 09-10 by which the Circle Officer, Terhagach has rejected the Mutation Case of the petitioner without considering the claim and relevant documents.

III. For grant of any other appropriate relief or reliefs for which the petitioner may be entitled, deemed fit and proper."

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 concerned Collector/Additional Collector under Section 8 of the Bihar Land Mutation Act, 2011.

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

Patna High Court CWJC No.18690 of 2016 dt.03-09-2024 3/3 Revision before the concerned Collector/Additional Collector as per the provisions under Section 8 of the Bihar Land Mutation Act, 2011 within a period of six 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 perusing his remedy before this Court will condone the delay and dispose of the revision in accordance with law.

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

(Rudra Prakash Mishra, J) Alok Verma/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 03.09.2024 Transmission Date N/A