Ashish Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14799 of 2016 ====================================================== ASHISH KUMAR SON OF LATE RADHEY SAOKARTA OF THE FAMILY RESIDENT OF NAYA BAZAR LAKHISARAI WARD NO. 25, FRONT OF OLD HOSPITAL PS AND DISTRICT LAKHISARAI. ... ... PETITIONER/S
VERSUS
1.
THE STATE OF BIHAR 2.
THE COMMISSIONER , MUNGER DIVISION, MUNGER.
3.
THE COLLECTOR , LAKHISARAI.
4.
THE DISTRICT PROGRAMME OFFICERESTABLISHMENT LAKHISARAI 5.
THE D.C.L.R. LAKHISARAI 6.
THE CIRCLE OFFICER, LAKHISARAI 7.
PAPPU SAO 8.
AJAY KUMAR SAO 9.
GAUTAM KUMAR SAO 10.
BINOD KUMAR SAO RESPONDENT NO. 7 TO 10 SONS OF LATE MADAN MOHAN PRASAD SAH NULL 11.
MUKESH KUMAR 12.
KUNAL KUMAR BOTH SONS OF LATE DAYANAND SAH ALL ARE RESIDENT OF MOHALLA- NAYA BAZAR WARD NO. 25 FRONT OF OLD HOSPITAL NEAR MARKET P.O, PS AND DISTRICT LAKHISARAI.
... ... RESPONDENT/S ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Gautam , Advocate For the Respondent/s :
Mr. Raj Kishore Roy-Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-01-2024 Heard the learned counsel for the parties.
2. This writ application has been filed for quashing
Patna High Court CWJC No.14799 of 2016(2) dt.12-01-2024 2/3 the order dated 11.04.2013, i.e.,. (Annexure-6) as passed in Misc. Case No. 2/2012 by learned Additional Collector Lakhisarai, setting aside the order dated 6.8.2011, as passed in land dispute resolution case No. 20/2010-11, by declaring the mutation created in favor of respondents is a genuine and valid one, and further be pleased to offie the order dated 6.8.2011, i.e.,. (Annexure-4).
3. At the very outset, learned counsel for the State submits that petitioner has statutory alternative remedy of making application before Bihar Land Tribunal against the order which are impugned.
4. Learned counsel for the petitioner does not dispute the above proposition.
5. In the aforesaid facts and circumstances of the case, this writ application is disposed of with an observation that petitioner is at liberty to move before the competent authority which may be available to him in accordance with law.
6. It is made clear that petitioner approaches the appropriate forum, the concerned authority/forum would have regard to the present proceeding being pursued by the petitioner, while considering any issue relating to condoning of delay, if
Patna High Court CWJC No.14799 of 2016(2) dt.12-01-2024 3/3 applicable.
7. Accordingly, this writ application stands disposed of.
(Prabhat Kumar Singh, J) Koushik/- U