Paspat Choudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6358 of 2015 ====================================================== Paspat Choudhary son of Late Gopi Chand Choudhary, resident of village Baghi Kanu Tola, P.S. - Bairia Anchal Bariya District West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Anchaladhikari, Bariya Anchal

3. The Additional Collector, Bettiah

4. The Commissioner, Tirhut Pramandal, Muzaffarpur.

5. Hari Choudhary @ Harihar Choudhary son of Kidarth Choudhary resident of Bagahi, Kanu Tola, P.S. Bariya, District West Champaran. .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Arbind Kumar Sharma, Advocate For the Respondent/s : G.A.- 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 22-07-2015 The petitioner has questioned the order dated 08.12.2014 passed in Settlement Revision Case No. 147 of 2012 by the Commissioner, Tirhut Division, Muzaffarpur.

Considering of the provisions underlying the Bihar Land Tribunal Act, 2009 (hereinafter referred to as 'the act') and the list of enactments mentioned under Section 9 thereof which includes the Bihar Special Survey and Settlement Act, 2011 as well as the Statement Manual and considering that the petitioner claims right, title and interest over the land in question by virtue of settlement, the petitioner has an alternative remedy before the tribunal to question the order impugned.

The writ petition is accordingly disposed of with the

Patna High Court CWJC No.6358 of 2015 (3) dt.22-07-2015 direction to the petitioner to exhaust the alternative remedy so available to him under 'the act'.

Mr. Arbind Kumar Sharma, learned counsel appearing on behalf of the petitioner submits that the limitation prescribed under Section 9 of 'the act' has since expired during the pendency of this application.

Considering the submissions of learned counsel and taking into consideration the provisions underlying Section 14 of 'the act' whereunder the Tribunal is vested with jurisdiction to condone the delay, the petitioner may pray for condonation of the same by filing an appropriate application and which shall be considered by the Tribunal in the backdrop of the pendency of the issue before this Court.

(Jyoti Saran, J) S.Sb/- U