← Library
Patna High CourtCWJC/14808/2021withdrawn

Shambhu Mandal v. The State Of Bihar, Through The Principal Secretory,

2023-02-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14808 of 2021 ====================================================== 1.

Shambhu Mandal son of Late Mahindra Mandal Residence of Vill - Laxmipur Bhitta, P.S. - B.Kothi District- Purnea. 2.

Shanker Mandal son of Late Mahindra Mandal Residence of Vill - Laxmipur Bhitta, P.S. - B.Kothi District- Purnea.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretory, Land Revenue and Reforms Department, Govt. of Bihar, Patna.

2.

Lambo Manjhi S/O - Patwari Manjhi Residence of Vill - Maldiha, P.S. - B. Kothi District- Purnea.

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

For the Petitioner/s :

Mr.Manish Kumar For the Respondent/s :

Mr.Subash Chandra Yadav (Gp15) ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-02-2023 Heard learned counsel for the parties.

The petitioners have filed the instant application for the following relief(s):- "That the writ application is being filed for issuance of an appropriate writ/writs order/orders in nature of mandamus commanding and directing to Respondent no.-1 and other Respondents concerned to modify the Gazette notification no. 75 dated 20.08.1976 in which Respondent no.-1 Surplus the land of Mostt. Sushila Devi and issue Red card (Purcha) in favour of Respondent concerned under the Bihar Land Refoms (Fixation and Ceiling Area) and Acquisition of Surplus Land Act 1961."

At the outset, a preliminary objection is raised by

Patna High Court CWJC No.14808 of 2021(4) dt.17-02-2023 2/2 learned counsel for the State to the effect that the petitioners have an alternate and efficacious remedy of preferring an application under the Bihar Land Tribunal Act, 2009. Having heard learned counsel for the parties, the Court finds substance in the submission of learned counsel for the State.

The application stands disposed of with liberty to the petitioner to move an appropriate application for the relief prayed for herein before the tribunal constituted under the Bihar Land Tribunal Act, 2009.

(Partha Sarthy, J) Prakash/- U