Guljar Rai And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16720 of 2016 ====================================================== 1.

Guljar Rai, S/o Sital Rai 2.

Pramod Rai 3.

Shashi Rai Both sons of Late Pyare Rai All residents of village - Sukumarpur, P.S. Raghopur, Distt. Vaishali ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Vaishali at Hajipur 3.

The Additional Collector, Vaishali at Hajipur 4.

The Dy. Collector Land Reforms, D.C.L.R. , Hajipur Distt. Vaishali 5.

The Circle officer, Raghopur, P.S. Raghopur, Distt. Vaishali ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mahendra Thakur, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha- SC19 Mr. Saurabh Kumar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-09-2023 Heard learned counsel for the petitioners and the State.

2. The present writ petition has been filed against the order dated 05.04.2016, passed by respondent No.3, namely, the Additional Collector Vaishali at Hajipur in Jamabandi Cancellation Case No. 64/15-16.

3. Learned counsel for the State raised preliminary objection that the said order passed by the Additional Collector is appealable under section 9(6)(a) of the Bihar Land Mutation Act, 2011.

Patna High Court CWJC No.16720 of 2016(2) dt.05-09-2023 2/2

3. In this view of the matter, the writ petition is disposed of granting liberty to the petitioners to avail the statutory remedy of appeal.

6. Needless to add, the Collector, Vaishali at Hajipur shall decide the appeal, on its filing, in accordance with law at the earliest.

7. The delay, if any, in filing the appeal, is directed to be condoned.

(Dr. Anshuman, J) Ashwini/- U