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Patna High CourtCWJC/5037/2020disposed

Biren Yadav @ Birendra Yadav v. The State Of Bihar

2023-11-06Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5037 of 2020 ====================================================== Biren Yadav @ Birendra Yadav S/o Late Chandi Yadav Resident of VillageJhalighat, P.S.- Jankinagar, District- Purnia. ... ... Petitioner/s

Versus

1.

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

2.

The Secretary, Bhoodan Yojna Committee, Bihar, Patna. 3.

The Karyalaya Mantri, District- Bhoodan Yogya Office, Ranipatra (Purnia) Pin- 854381.

4.

The District Magistrate-cum-Collector, Purnia. 5.

The Additional Collector, Purnia.

6.

Deputy Collector Land Reforms (D.C.L.R.) Banmankhi, Purnia. 7.

Circle Officer, Banmankhi.

8.

Maheshwar Yadav S/o Late Kishan Yadav Resident of Village- Jhalighat, P.S.- Janki Nagar, District- Purnia.

9.

Chhedi Prasad Yadav S/o Late Nand Lal Yadav Resident of VillageJhalighat, P.S.- Janki Nagar, District- Purnia. 10.

Bhavesh Kumar Yadav S/o Late Nand Lal Yadav Resident of VillageJhalighat, P.S.- Janki Nagar, District- Purnia. 11.

Munna Kumar Yadav S/o Late Nand Lal Yadav Resident of VillageJhalighat, P.S.- Janki Nagar, District- Purnia. 12.

Budhan Yadav S/o Late Nand Lal Yadav Resident of Village- Jhalighat, P.S.- Janki Nagar, District- Purnia.

13.

Punam Yadav Late Nand Lal Yadav Resident of Village- Jhalighat, P.S.- Janki Nagar, District- Purnia.

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

For the Petitioner/s :

Mr. Shambhu Sharan Singh, Advocate For the Respondent/s :

Mr. Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-11-2023 Heard the learned counsel for the parties.

Patna High Court CWJC No.5037 of 2020(3) dt.06-11-2023 2/3

2. This writ application has been filed for quashing of annexure 6, i.e the order dated 26/12/2019 passed in Mutation proceeding bearing Miscellaneous Mutation Case no. 06/201920 in the light of order dated 10/09/2018 passed in Mutation Revision Case no. 100/2017-18 (Arising out from order dated 27/06/2017 passed by D.C.L.R. Banmankhi in MA. No. 37/2015-16 against the order of Mutation dated 17/04/2018 passed in Original Mutation Case no. 18/2008-2009 passed by C. O. Banmankhi.

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,

Patna High Court CWJC No.5037 of 2020(3) dt.06-11-2023 3/3 while considering any issue relating to condoning of delay, if applicable.

7. Accordingly, this writ application stands disposed of.

(Prabhat Kumar Singh, J) Koushik/- U