Nagina Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9259 of 2020 ====================================================== 1.

Nagina Chaudhary Son of Late Shri Narayan Chaudhary Resident of Village- Machaha, P.O.- Ulao, PS- Muffasil and District- Begusarai. 2.

Pappu Chaudhry Son of Late Munna Chaudhary, Grandson of Shri Narayan Chaudhary Resident of Village- Machaha, P.O.- Ulao, PS- Muffasil and District- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principle Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Collector, Begusarai.

3.

Rajendra Mochi Son of Baijnath Mochi Resident of Village and P.O.- Ulao, P.S.- Muffasil, District- Begusarai.

4.

Lal Bahadur Paswan Son of Bilat Paswan Resident of Village- Kailashpur, P.O.- Ulao, P.S.- Muffasil, District- Begusarai. 5.

Bishundeo Paswan Son of Durga Paswan Resident of Village- Kailashpur, P.O.- Ulao, P.S.- Muffasil, District- Begusarai. 6.

Kalo Devi Wife of Bishundeo Paswan Resident of Village- Kailashpur, P.O.- Ulao, P.S.- Muffasil, District- Begusarai.

7.

Bhuttu Malik Son of Sabiya Mallik Resident of Village- Kailashpur, P.O.- Ulao, P.S.- Muffasil, District- Begusarai.

8.

Shivji Paswan Son of Kamaldhari Paswan Resident of Village- Ulao Gandhi Gram, P.O.- Ulao, P.S.- Muffasil, District- Begusarai. 9.

Shivan Son of Prabhu Paswan Resident of Village- Ulao Gandhi Gram, P.O.- Ulao, P.S.- Muffasil, District- Begusarai.

10.

Rajendra Paswan Son of Singheshwar Paswan Resident of Village- Ulao Gandhi Gram, P.O.- Ulao, P.S.- Muffasil, District- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. P.S. Arora, Sr. Adv. , Mr.Manoj Kumar, Adv.

For the Respondent/s :

Mr. Ashish Kalim, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 12-05-2022 Heard the parties.

The case is being taken up from defect side.

Learned counsel for the petitioners is directed to

Patna High Court CWJC No.9259 of 2020(2) dt.12-05-2022 2/2 submit the original petition along with attested affidavits and also remove all the defects pointed out by the Registry within two weeks from today.

This is a writ petition filed since 2020 for admission. The petitioners by way of this petition challenged the order dated 18.02.2022, passed by the Collector, Begusarai, whereby the application for releasing the land of the petitioners have been dismissed.

In terms of the provisions of Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, if a dispute arises and decided by a Collector, appeal can be filed before the Bihar Land Tribunal.

The writ petition would, therefore, not lie in the case and a statutory remedy available under the Act. Accordingly, the writ petition is dismissed with liberty to file an appeal. Pendency of this writ petition before the Court shall be taken into consideration for condoning the delay. (Sanjeev Prakash Sharma, J) Pravinkumar/- Item No. 28 U