Patna High CourtCWJC/11386/2015dismissed

Maheshwari Sharma v. The State Of Bihar And ORS

2016-09-20Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11386 of 2015 ====================================================== Maheshwari Sharma son of Late Sita Ram Sharma, Resident of Village - Mahadevpur, P.O. Devottar, P.S. Banmankhi, District - Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Deputy Collector, Land Reforms, Banmankhi, Purnea.

3. The Anchaladhikari, Banmankhi, Purnea.

4. Murli Singh

5. Shalendhar Singh

6. Surya Kumar Singh

7. Panchanand Singh Respondent nos. 4 to 7 are sons of Balgovind Singh and are residents of Mahadevpur, Ward no. 01, P.S. Banmankhi, District - Purnea. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the Respondent Nos. 1 to 3: AC to SC 17 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 20-09-2016 Despite repeated calls, none appears on behalf of the petitioner in support of the present writ petition, though the name of the learned counsel appearing on his behalf is printed in the daily cause list. However, I have heard the learned State counsel appearing on behalf of the respondent nos. 1 to 3. The petitioner is aggrieved by the order dated 02.12.2014 passed in Case No. 18 of 2013-14 by the respondent D.C.L.R., Banmankhi, Purnia, as contained in Annexure-3 to the writ petition, whereby aforesaid case filed on behalf of the petitioner under Section 48E of The Bihar Tenancy Act, 1885 (in short "Act,1885") has been rejected.

In the considered opinion of this Court, against the order impugned, the petitioner has an alternative and efficacious remedy before the learned Bihar Land Tribunal, Patna in view of

Patna High Court CWJC No.11386 of 2015 (2) dt.20-09-2016 2/2 the provisions contained in Section 9 of The Bihar Land Tribunal, Act, 2009.

In above view of the matter, the present writ petition is dismissed, but liberty is granted to the petitioner to approach the learned Bihar Land Tribunal, Patna for grant of appropriate relief (s) to the petitioner with respect to the lands in question as also the order impugned.

(Birendra Prasad Verma, J) Tahir/- U