Md. Jakiuddin v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10273 of 2015 ====================================================== Md. Jakiuddin, Son of Late Safiuddin, resident of village - Khirnia, P.O. Balha Bazar, P.S. Mansi, District - Khagaria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Principal Secretary, Land Reforms and Revenue Deptt. Govt. of Bihar, Patna 3.

District Collector Cum Magistrate, Khagaria 4.

Additional District Magistrate, Khagaria 5.

Circle Officer, Mansi, Khagaria 6.

Md. Israfil, Son of Md. Samsuddin residents of village - Khirnia, P.S. Chautham, District - Khagaria 7.

Md. Jiauddin, Son of Haji Samsuddin 8.

Md. Safiuddin Son of Haji Samsuddin 9.

Md. Salahuddin, S/o Ziauddin 10.

Md. Raju Ahmad, S/o Safi Ahmad 11.

Md. Fasi Ahmad, S/o Safi Ahmad 12.

Masi Ahmad, S/o Safi Ahmad, All residents of village - Khirnia, P.S. Chauthan (Mansi) , District - Khagari ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Kumar, Adv.

For the Respondent/s :

Mr.Ashok Priyadarshi- GA4 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-05-2019 Petitioner has filed this application for quashing the order dated 27.09.2014 passed by learned Additional Collector, Khagaria in Jamabandi Cancellation Case No. 12 of 2013 by which Additional Collector has cancelled the Jamabandi No. 198 measuring 15 dhurs of land of petitioner situated in Mauza -Khirnia, Tauzi No. 3136, Thana No. 176, Khata No. 104, Khesra No. 636. Petitioner has remedy of filing appeal

Patna High Court CWJC No.10273 of 2015(2) dt.21-05-2019 2/2 against the order of Additional Collector before the Collector under the Bihar Land Reforms Act. Petitioner has approached this court without availing the statutory remedy of appeal provided under the Act, as such, the present petition is premature and is accordingly disposed of with liberty to the petitioner to challenge the impugned order before the Appellate Authority.

The learned Appellate Authority while considering the condonation of delay shall take into consideration the period in which writ petition remain pending in High Court. With aforesaid observation and direction writ petition is disposed of.

(S. Kumar, J) Rajiv/- U