Anil Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5776 of 2023 ====================================================== Anil Kumar Thakur Son of Late Fakir Chand Thakur Resident of MohallaSiddhnathGhat, Ward No. 14, Buxar, P.S.- Buxar, District- Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Land Reforms Deputy Collector, Buxar, District- Buxar.

2.

The Circle Officer, Buxar, District- Buxar.

3.

Sadre Alam Son of Late Md. Yakub Khan Resident of Village- Sarimpur, P.S.- Buxar (Industrial), District- Buxar.

4.

The Principal Secretary, Revenue Department, Patna(Bihar) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Om Prakash Upadhyay, Adv.

For the Respondent/s :

Mr. Md. Khurshid Alam ( AAG-12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has filed challenging the order dated 04.02.2023 passed in appeal filed by the respondent No.3 by which the order of mutation has been challenged. The further prayer has been made that the impugned order also suffers from the lack of jurisdiction, as the power of cancellation of Jamabandi lies with the Additional Collector incorporated under Section 9 of the Bihar Land Mutation Act, 2011 and hence, the present writ petition has been filed.

3. Counsel for the State raised preliminary objection that the statutory remedy lies to the petitioner.

Patna High Court CWJC No.5776 of 2023(2) dt.28-08-2023 2/2

4. In this view of the matter, this writ petition stands disposed of directing the petitioner to avail remedy under Bihar Land Mutation Act, 2011 ( Bihar Act 23, 2011).

5. Delay, if any, is hereby directed to be condoned. (Dr. Anshuman, J.) prakashmani/- U