Amarnath Jha @ Makhmal Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7922 of 2016 ====================================================== Amarnath Jha @ Makhmal Jha Son of Late Asharfi Jha @ Tulli Jha resident of village - Parihara, P.O. Parihara, Block - Bakhri, Distt. - Begusarai ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Begusarai 3.

The Superintendent of Police, Begusarai 4.

Anchal Adhikari, Bakhri, Begusarai 5.

Sub - Divisional officer, Bakhri, Begusarai 6.

Kuso Devi Wife of Ranjit Choudhary 7.

Dinesh Paswan Son of Anandy Paswan 8.

Vinesh Paswan Son of Anandy Paswan 9.

Guddu Paswan Son of Ranchandra Paswan 10.

Upendra Paswan Son of Ranchandra Paswan ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ray Saurabh Nath, Advocate Mr. Manjari NatH, Advocate For the Respondent/s :

Mr. Gp20- Nadeem Seraj ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-01-2024 Heard learned counsel for the parties.

2. This writ application has been filed for execution of the order dated 07.08.2014 passed in Land Dispute Case No. 41/2014 by DCLR., Bakhri, District Begusarai.

3. At the outset, learned counsel for the State raises preliminary objection to the effect that petitioner

Patna High Court CWJC No.7922 of 2016(3) dt.30-01-2024 2/3 has got alternative statutory remedy under Section 15 of The Bihar Land Disputes Resolution Act, 2009 which reads as:

15. Execution of the order passed by the competent authority.- The competent authority shall execute the order passed by him subject to order, if any, passed in appeal. Provided that if no appeal is filed within the prescribed period he shall proceed to execute the said order either himself or authorise any other officer or employee to execute the same.

4. Learned counsel for the petitioner does not dispute the above proposition.

5. In the above view of the matter, this Court is not inclined to interfere in the matter in its extra-ordinary writ jurisdiction. Grievance of the petitioner falls under Section 15 of the Bihar Land Disputes Resolution Act, 2009. Petitioner has statutory alternative remedy available which he can avail in accordance with law.

6. It goes without saying that if any question of

Patna High Court CWJC No.7922 of 2016(3) dt.30-01-2024 3/3 limitation arises before the competent authority, the same shall be considered, taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India .

7. This writ petition is accordingly disposed of with the aforesaid observations.

(Prabhat Kumar Singh, J) Koushik/- U