Abdul Gani @ Abdul Gani Mian @ v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18599 of 2011 ======================================================

1. Abdul Gani @ Abdul Gani Mian @ Abdul Gani Ansari, S/O Late Subedar Mian

2. Israil Mian, S/O Chandu Mian

3. Faruque Mian, S/O Late Ishak Mian All are resident of Village- Chhadna, P.S.- Sono, District- Jamui .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Collector, Jamui

3. The Additional Collector, Jamui

4. The Deputy Collector (Land Reforms), Jamui

5. The Circle Officer, Sono, Jamui

6. The Circle Inspector, Sono, Jamui

7. The Halka No.9, Karamchari Chhadna (Lahanpyari), Sono, Jamui

8. Bhuneshwar Yadav S/O Ram Yadav R/O Village- Gorvamatihana, P.S.- Sono, District- Jamui

9. The Chairman, Bhudan Yagna Committee, Bihar, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Respondent nos.1to7: Mr. Nishant Kumar Jha, AC to GP-21 For the Respondent no.8 : Mr.Binod Kumar Mr.Sanjay Kumar.

For the Respondent no.9 : Mrs. Alka Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 08-09-2015 Heard the parties.

The petitioners are aggrieved by the order dated 25.11.2009 (Annexure-1) passed in Misc.Case No.2 of 2009-10 by the respondent Circle Officer, Sono, District-Jamui, whereby the Jamabandi standing in the name of the petitioners with respect to the lands under dispute has been cancelled. The petitioners are also aggrieved by 3 different orders dated 10.06.2005 passed in 3 different mutation appeals, as contained in Annexures-2, 2/A & 2/B, whereby three different Mutation Appeals filed on behalf of the petitioners were earlier rejected by the respondent Additional

Patna High Court CWJC No.18599 of 2011 (5) dt.08-09-2015 Collector, Jamui.

Indisputably, against the orders impugned, the petitioners have an alternative and efficacious remedy before the statutory revenue authorities. Furthermore, if the final order is passed by the statutory authority, then the petitioners have further remedy before the learned Bihar Land Tribunal, Patna. In above view of the matter, the present writ petition is dismissed with a liberty to the petitioners to approach the statutory Forum/Authority/Tribunal for grant of appropriate relief(s) with respect to the lands under dispute.

If an appropriate petition(s) is filed on behalf of the petitioners before the appropriate Forum/Authority/Tribunal within a period of two weeks from today with a certified copy of the present order and, if it is found that it has become barred by limitation and, if any petition is filed on behalf of the petitioners for condonation of such delay, the appropriate Forum/Authority/Tribunal shall take into consideration that on a bonafide legal advice the present writ petition was filed on 19.10.2011 and that remained pending before this Court till date.