Kailashpati Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3039 of 2011 ====================================================== Kailashpati Mahto, son of late Beradar Mahto, resident of village-Kotra, P.S.-Sarmera, District-Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Additional Member, the Board of Revenue, Patna.

3. District Collector, Munger.

4. Additional Collector, Munger.

5. District Collector, Sheikhpura.

6. Divisional Commissioner, Munger.

7. Shivajee Sharma

8. Shivdani Singh

9. Sanjay Kumar

10. Anjani Kumar

11. Shankardani Singh

12. Satya Narayan Sharma All No.7 to 12 all sons of late Girija Nandan Singh, resident of villageToigarh, P.S.-Barbigha, District-Munger.

13. Chhotkuni Kumari, daughter of late Girija Nandan Singh of villageToigarh, P.S.-Barbigha, District-Sheikhpura.

14. Usha Devi, wife of Prafulla Kumar, daughter of late Girija Nandan Singh, resident of village-Fulka Diara, P.S.-Muffasil (Munger), DistrictMunger.

15. Asha Devi, wife of Ashok Kumar Singh, daughter of late Girija Nandan Singh, resident of village-Durgapur, P.S.-Sangrampur, District-Munger.

16. Bimla Devi, wife of late Girija Nandan Singh, resident of villageToigarh, P.S.-Barbigha, District-Munger. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anjani Kumar, Adv. For the Respondent nos.1to6 : Mr. Abul Kalam, AC to AAG-XII ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 26-08-2016 The petitioner is aggrieved by the order dated 06.10.2010 passed by the respondent Divisional Commissioner, Munger in Land Ceiling Appeal No.49 of 2010, as contained in Annexure-11 to the writ petition, whereby the aforesaid Land Ceiling Appeal filed on behalf of the petitioner has been dismissed.

Indisputably, the petitioner has not exhausted all his

Patna High Court CWJC No.3039 of 2011 (4) dt.26-08-2016 statutory alternative remedy available to him. The order impugned is revisable under Section 32 of The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. Against the revisional order, the 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.

However, a liberty is granted to the petitioner to approach an appropriate forum/court/tribunal for grant of an appropriate relief to the petitioner with respect to the lands in question, claimed by him.

(Birendra Prasad Verma, J) Arvind/- U