Patna High CourtCWJC/22371/2013dismissed

Md. Safiq v. Md. Jahiruddin And ORS

2015-12-18Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22371 of 2013 ====================================================== Md. Safiq son of Late Iltaf, resident of village Gulzar Pokhar, P.S.Kotwali, District Munger .... .... Petitioner/s

Versus

1. The State of Bihar through Divisional Commissioner, Munger

2. Md.Jahiruddin

3. Md.Rafiq

4. Md.Munna Respondent Nos. 2 to 4 are sons of late Iltaf, resident of village Gulzar Pokhar, P.S.Kotwali, District Munger

5. Secretary, Revenue and Land Reforms, Bihar, Patna

6. Noor Jehan daughter of Late Iltaf and wife of Md. Jasim, resident of Mohalla Gulzar Pokhar, P.S. Kotwali, District Munger .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent Nos. 1 and 5 : Mr. Sanjay Pandey, GP 21 Mr.Nishant Kumar Jha, AC to GP 21 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 18-12-2015 The petitioner is aggrieved by the order dated 11.05.2013 passed in BLDR Appeal No. 140 of 2012 by the Divisional Commissioner, Munger, as contained in Annexure-1, whereby the aforesaid appeal filed on behalf of the respondent no.6 under Section 14 of The Bihar Land Disputes Resolution Act, 2009 has been allowed and the order passed by the competent authority has been set aside.

In the considered opinion of this Court, against the order impugned, the petitioner has an alternative and equally efficacious remedy before the learned Bihar Land Tribunal, Patna in view of the provisions contained in Section 9 of The Bihar Land Tribunal Act, 2009.

In above view of the matter, the present writ petition is dismissed.

Patna High Court CWJC No.22371 of 2013 (2) dt.18-12-2015 2/2 However, liberty is granted to the petitioner to approach the learned Bihar Land Tribunal, Patna for grant of appropriate relief (s) with respect to the lands claimed by him as also with respect to the order impugned.

(Birendra Prasad Verma, J) Tahir/- U