Rajesh Kumar Choudhary @ Rajesh Chaudhary And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5766 of 2019 ====================================================== 1.

Rajesh Kumar Choudhary @ Rajesh Chaudhary Son of Late Jawahar Choudhary, 2.

Sanjay Sharma Son of Late Ramayan Sharma 3.

Lav Kus Mahto Son of Dhorai Mahto All are resident of Village Harkhuya, P.S. Gopalganj, District Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Land Revenue Department, Government of Bihar, Patna.

2.

The Collector, Gopalganj.

3.

The Additional Collector, Gopalganj.

4.

The Deputy Collector, Land Reforms, Gopalganj. 5.

The Sub-Divisional Officer, Gopalganj.

6.

The Circle Officer, Gopalganj.

7.

The D.R.M. Banarshi, Department of Railway, Government of India. 8.

Yadeshwari Prasad Verma @ Yadeshwari Prasad Son of Late Chandra Gokhula Prasad Resident of Village Harkhuya, P.S. Gopalganj, District Gopalganj.

9.

Adalat Singh Son of Late Bachchu Rai Not Address 10.

Chandrama Singh Son of Late Bachchu Rai Not Address 11.

Bhagwanti Singh Son of Late Bachchu Rai Not Address 12.

Jagdish Singh Son of Late Bachchu Rai Not Address 13.

Jamuna Sharma Son of Briksha Sharma Not Address 14.

Lal Bahadur Sharma Son of Late Pramhans Sharma Not Address 15.

Chhotak Sharma Son of Late Pramhans Sharma Not Address 16.

Birmati Devi Wife of Late Pramhans Sharma Not Address 17.

Satya Narayan Sharma Son of Late Diksha Sharma Not Address 18.

Paryag Sharma Son of Briksha Sharma Not Address 19.

Ramdas Sharma Son of Late Dirpal Sharma Not Address 20.

Manoj Sharma Son of Late Deo Narayan Sharma Not Address 21.

Sanoj Sharma Son of Late Deo Narayan Sharma Not Address 22.

Bhola Sharma Son of Late Deo Narayan Sharma Not Address 23.

Badari Sharma Son of Late Deo Narayan Sharma Not Address 24.

Sona Devi Wife of Late Deo Narayan Sharma Not Address 25.

Shiv Narayan Sharma Son of Late Dirpal Sharma Not Address 26.

Ramlal Sharma Son of Late Dirpal Sharma Not Address

Patna High Court CWJC No.5766 of 2019(2) dt.29-03-2019 2/3 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Naresh Prasad Mr. Vyas Kumar Mishra For the Respondent/s :

Mr. Rishi Raj Sinha SC19 Ms. Archana P., AC to SC 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-03-2019 The petitioners seek quashing of an order, dated 22.08.2016, passed in Mutation Revision Case Nos. 15 of 2012, 03 of 2014-15 and 09 of 2013, by the Additional Collector, Gopalganj, whereby he has held an order, dated 16.10.2012, passed in Mutation Case No. 974/2012-13, by the Circle Officer, Gopalganj, as illegal. He has also recorded that, since the dispute involves questions of right, title and interest of the respective parties, the parties should approach the civil court of competent jurisdiction for declaration of their respective right, title and interest.

Learned counsel, appearing on behalf of the petitioners, has submitted that the remedy of revision under the Bihar Land Mutation Act by filing a mutation case before the Additional Collector, Gopalganj, against the order of the Circle Officer, Gopalganj, was impermissible and that ought not to have been entertained. He contends that an appeal could have, rather, been filed against the order before the Deputy Collector

Patna High Court CWJC No.5766 of 2019(2) dt.29-03-2019 3/3 Land Reforms, Gopalganj.

Upon perusal of the materials on record, however, I find that there is no infirmity in the decision of the Additional Collector, Gopalganj, to the extent he has recorded that the matter involves complicated questions of right, title and interest of the respective parties, which could be adjudicated upon by a competent court of civil jurisdiction.

In such circumstance, without entering into the question of maintainability of the revision case before the Additional Collector, leading to passing of the impugned order, this application is disposed of with a liberty to the petitioners to approach the competent court of civil jurisdiction by filing a suit for declaration of their respective right, title and interest. It is indicated that no observation made or finding recorded by the authorities under the Bihar Land Mutation Act, in the order(s) either passed by the Additional Collector, Gopalganj or the Circle Officer, Gopalganj, shall prejudice the case of the respective parties, if any title suit is filed. (Chakradhari Sharan Singh, J) Ashish/-