Anshuman v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9786 of 2015 ====================================================== Anshuman Son of Late Yadubir Sharan, Resident of Village- North Patel Nagar, P.O.- Kesari, P.S.- Patliputra, Dist- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through D.M., Saharsa.

2.

The Deputy Collector Land Reforms, At and Distt. Saharsa. 3.

Dr. Birendra Kumar Son of Late Sia Ram Sharan. 4.

Mithilesh Kumar Singh, Son of Ram Lakhan Singh, Both Respondents no. 3 and 4 Resident of village and post Durgapur, Via- Mnguar, P.S.- Saurbazar, Cicle- Distt- Saharsa.

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

For the Petitioner/s :

Mr. Bijendra Kumar, Adv.

For the Respondent/s :

Mr. Manish Kumar Sinha, AC to GA-9.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for quashing the order dated 07.05.2015 passed by Deputy Collector Land Reforms, District Saharsa (respondent no.2) in Mutation Appeal No.40 of 2014.

3. Learned counsel for the State submits that the present writ petition is not maintainable under Article 226 of the Constitution of India due to the reason that against the order passed in Mutation Appeal, the Statutory remedy available under law is to file Mutation Revision under Section 8 of the Bihar Land Mutation Act, 2011 (Bihar Act 23 of 2011).

Patna High Court CWJC No.9786 of 2015(2) dt.20-07-2023 2/2

4. In this view of the matter, the petitioner is directed to avail his remedy by way of filing Mutation Revision under Section 8 of the Bihar Land Mutation Act, 2011 (Bihar Act 23 of 2011) before the competent authority under the said Statute within four weeks from today.

5. Delay, if any, in filing the revision is hereby condoned.

6. With this direction, the present Writ Petition stands disposed off.

(Dr. Anshuman, J) ritik/- U