Rabesh Ravidas v. The State Of Bihar Through The Principal Secretary Revenue Land Reforms Department

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8907 of 2021 ====================================================== Rabesh Ravidas son of late Jageshar Ravidas resident of village - Ambedkar Nagar Silao, P.S. - Silao, District- Nalanda. ... ... Petitioner/s

Versus

1.

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

2.

The Commissioner, Patna Division, Patna 3.

The Collector, Nalanda at Bihar Sharif.

4.

The Additional Collector, Nalanda at Bihar Sharif. 5.

The Land Reforms Deputy Collector, Rajgir, Nalanda. 6.

The Circle officer, Silao, Nalanda.

7.

Kamla Ravidas son of Gulab Ravidas resident of village - Mahanandpur, P.S. - Deepnagar, District- Nalanda.

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

For the Petitioner/s :

Mr.Sanjay Prasad, Advocate For the Respondent/s :

Mr.Subash Chandra Yadav (Gp15) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4.

22-11-2023 Heard learned counsel for the petitioner and State.

2. This writ application has been filed for quashing of order dated 28.09.2020, as contained in Memo No. 2287, passed by the Additional Collector, Nalanda in Jamabandi Revision Case No. 11/20 whereby and whereunder the order passed by the Circle Officer, Silao and the Appellate order dated 27.01.2020 passed in Jamabandi Appeal Case No. 13/2019-20 have been set-aside.

3. At the very outset, learned counsel for the State submits that petitioner has got alternative remedy against the

Patna High Court CWJC No.8907 of 2021(4) dt.22-11-2023 2/2 impugned order by way of filing application under Section 9 of the Bihar Land Tribunal Act, 2009.

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

5. Considering the above facts and circumstances, the writ application is disposed of granting liberty to the petitioner to avail alternate remedy before the appropriate / competent authority in accordance with law. If such application is filed by the petitioner, the authority concerned shall examine the same and pass appropriate order in accordance with law.

6. It goes without saying that if any question of 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. The writ application stands disposed of with the aforesaid observations.

(Prabhat Kumar Singh, J) anay/- U