Krishna Deo Rishi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13906 of 2015 ====================================================== Krishna Deo Rishi Son of Jagarnath Rishi Resident of Village - Hanswar, P.O. Manihari, District Katihar.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Principal Secretary, Land and Revenue Department, Old Secretariat, Patna.

3.

The Secretary, Land and Revenue Department, Old Secretariat, Patna. 4.

The Commissioner, Purnea.

5.

The District Magistrate, Katihar.

6.

The Additional Collector, Katihar.

7.

The Land Reform Deputy Collector, Katihar.

8.

The Circle Officer, Manihari, District Katihar. 9.

Devendra Mandal Son of Baneshwar Mandal Resident of Village Hanswar, Manihari, P.S. Manihari, District Katihar.

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

For the Petitioner/s :

Mr. Akhilesh Kumar Sinha, Adv.

For the Respondent/s :

Ms. Dimpal Kumari, AC to GP-11 For the Private Respondent :

Mr. Bhola Prasad Adv.

:

Mr. Tarun Pd. Mandal, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner, learned counsel for the private respondent, who appeared sou-moto in this case and learned counsel for the State.

2. The present writ petition has been filed for quashing the order dated 14.12.2013 passed by the Deputy Collector Land Reform, Manihari in Land Dispute Case No.96 of 2012-13, as well as, order dated 08.08.2009 passed by the Additional Collector in Land Ceiling Surplus Case No.656 of 1997-98 were challenged.

3. Counsel for private respondent raised a preliminary objection in this case that since statutory remedy available under

Patna High Court CWJC No.13906 of 2015(3) dt.25-08-2023 2/2 the special statute namely the Bihar Land Disputes Resolution Act, 2009 (Bihar Act 4 of 2010) to challenge the order passed by the Land Reforms Deputy Collector in appeal.

4. Counsel for the petitioner submits that petitioners are very poor and due to lack of proper advice they could not avail remedy against the order dated 08.08.2009 passed by the Additional Collector in Land Ceiling Surplus Case No.656 of 1997-98.

5. In this view of the matter, this writ petition disposed off with the direction to the petitioner to avail the remedy by way of filing statutory appeal under Bihar Land Disputes Resolution Act, 2009 (Bihar Act 4 of 2010) before appropriate forum.

6. Delay, if any, is directed to be condoned.

7. With the aforesaid direction, this writ petition is hereby disposed off.

(Dr. Anshuman, J.) Ashishsingh/- U