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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16899 of 2016 ====================================================== 1.

Rabindra Rai, S/o late Nagdeo Rai 2.

Kaushal Kishore Rai S/o Anirudha Rai 3.

Rameshwar Rai@Ramishwar 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.Md. Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and the State.

2. The present application has been filed for quashing the order dated 05.04.2016, passed by respondent No.3, namely, the Additional Collector, Vaishali at Hajipur in Jamabandi Cancellation Case No.51/15-16.

3. Learned counsel for the State raised the preliminary objection that the order under challenge is appealable under the Bihar Land Mutation Act, 2011 (Act 23 of 2011).

4. As such, the present writ petition is disposed of granting liberty to the petitioner to prefer an appeal in view of

Patna High Court CWJC No.16899 of 2016(2) dt.08-09-2023 2/2 the provisions of the Bihar Land Mutation Act, 2011 (Act 23 of 2011).

5. The appellate authority is directed to dispose of the appeal within three months from the date of completion of the appearance of the parties.

6. Limitation, if any, in filing the appeal is directed to be condoned.

(Dr. Anshuman, J) Ashwini/- U