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Patna High CourtCWJC/13612/2015dismissed

Amresh Singh v. The State Of Bihar And ORS

2015-10-27Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13612 of 2015 ====================================================== Amresh Singh, Son of Rambilash Singh, R/o Village - Rampur, P.S. - Baluganj Dhibra, District - Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar, through Chief Secretary, Patna.

2. The Principal Secretary, Land Reform Govt. of Bihar, Patna.

3. The District Magistrate, Aurangabad.

4. The Deputy Collector Land Reform, Aurangabad.

5. The Circle Officer, Madanpur, Aurangabad.

6. The Circle Inspector, Madanpur, Aurangabad.

7. The Revenue Clerk, Mokhta, Madanpur, Aurangabad.

8. Smt. Harakhmani Devi, W/o Ramnandan Singh,

9. Smt. Savitri Devi, W/o Bigan Singh, Both resident of Village - Mukheta, Anchal Madanpur, District - Aurangabad.

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

For the Petitioner/s : Mr. Sanjay Kumar @ Manu Mr.Santosh Kumar Singh For the Respondent nos.1to7 : Mr. Neeraj Raj, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 27-10-2015 Heard the parties.

The petitioner is aggrieved by the order dated 27.01.2015 passed in Mutation Case No.1746 of 2014-15 by the respondent Circle Officer, Madanpur, whereby the claim of mutation of the petitioner with respect to the lands in question has been rejected.

In the considered opinion of this Court, against the order impugned, the petitioner has an alternative and efficacious remedy of appeal and revision before the prescribed appellate authority and the prescribed revisional authority in view of the provisions contained in Section 7 and 8 respectively of The Bihar Land Mutation Act, 2011. Against the final revisional order, the

Patna High Court CWJC No.13612 of 2015 (2) dt.27-10-2015 aggrieved party will have further remedy before the learned Bihar Land Tribunal, Patna in view of 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 with a liberty to the petitioner to approach the prescribed appellate authority, at the first instance, for grant of appropriate relief(s) with respect to the impugned order passed by the respondent Circle Officer as also with respect to the lands under dispute.

(Birendra Prasad Verma, J) Arvind/- U