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Patna High CourtCWJC/4970/2016disposed

Talim Miyan v. The State Of Bihar And ORS

2023-11-30Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4970 of 2016 ====================================================== Talim Miyan Son of Late Kitab Ali, R/O Village- Chakvali, P.O- Laxmipur, P.S.- Mahua, District- Vaishali.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Sub Divisional Magistrate, Mahua, District- Mahua. 3.

Dy. Collector of Land and Reforms, Mahua, District- Vaishali. 4.

Md. Khurshid Alam, Son of Late Liyakat Miyan. 5.

Md. Mahphuz Alam, Son of Late Liyakt Miyan. Both Residents of Village Chakhali P.O- Lamipur, P.S.- Mahua District- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Prasad Singh, Adv.

For the Respondent/s :

Mr. Sunil Kr. Mandal, SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and State.

2. This writ application has been filed for quashing the order dated07.02.2015 passed in Bihar Land Dispute Resolution Case No. 221 / 13-14 by the D.C.L.R., Mahua, District - Vaishali / Respondent no. 3.

3. At the very outset, learned counsel for the State raises preliminary objection on the maintainability of the writ application and submits that petitioner has got statutory / alternative remedy of filing an appeal before the Commissioner under Section 14 of the Bihar Land Disputes Resolution Act, 2009.

Patna High Court CWJC No.4970 of 2016(2) dt.30-11-2023 2/2

4. Learned counsel for the petitioner does not dispute the contention made on behalf of State.

5. In that view of the matter, the writ application is disposed of granting liberty to the petitioner to move before the Commissioner, in view of Section 14 of the Bihar Land Disputes Resolution Act, 2009, by filing an appeal within a period of six weeks from today. If such appeal is filed, the authority concerned is directed to examine the same and pass appropriate order in accordance with law preferably within a period of six months from the date of filing of such appeal. Delay, if any, shall be condoned.

6. With aforesaid direction, the writ application stands disposed of.

(Prabhat Kumar Singh, J) anay/- U