Patna High CourtCWJC/21586/2013dismissed

Sanjay Kumar v. The State Of Bihar And ORS

2015-12-17Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21586 of 2013 ====================================================== Sanjay Kumar, S/O Late Vidyanand Prasad Bhagat, Resident Of Moh. Thana Road, P.S. Khagaria, Distt. Khagaria .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Bihar Bhoodan Yagya Committee, Kadamkuan, Patna- 3 through its Adyaksh

3. Deputy Collector, Land Reforms, Khagaria

4. Anchal Adhikari, Khagaria

5. Halka Karmachari, Halka No. 7, Mouza, Parmanandpur, Revenue Thana No. 271, Distt. Khagaria .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar, Adv. For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 17-12-2015 The petitioner is aggrieved by the order dated 03.12.2012 passed in Misc.Case No.5 of 2010-11 by the respondent D.C.L.R., Khagaria, whereby the aforesaid case filed on behalf of the petitioner under the provisions of The Bihar Bhoodan Yagna Act, 1954 (in short 'Act, 1954') has been rejected for the reasons recorded in that order.

Evidently, against the order impugned, the petitioner has an alternative and efficacious remedy before the statutory authority under Section 17-A of the Act, 1954, but the petitioner, without exhausting the aforesaid statutory remedy, has straightway come to this Court in the present proceeding filed under Article 226 of the Constitution of India. Not only that, against the final order passed under the provisions of the Act, 1954, the aggrieved person will have further remedy before the learned Bihar Land Tribunal, Patna in view of the provisions contained in Section 9 of

Patna High Court CWJC No.21586 of 2013 (2) dt.17-12-2015 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 the prescribed statutory authority under the provisions of the Act, 1954 for redressal of his valid grievances with respect to the lands in question claimed by him as also with respect to the order impugned.

(Birendra Prasad Verma, J) Arvind/- U