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Patna High CourtCWJC/9138/2019disposed

Urmila Devi v. The State Of Bihar

2019-05-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9138 of 2019 ====================================================== Urmila Devi Wife of Thithar Pandit @ Thitha Kumar Prajapati Resident of Dubha Jhajhara, P.S.- Kusheshwar Asthan, District- Darbhanga. ... ... Petitioner

Versus

1.

The State of Bihar through the Collector cum District Magistrate, Darbhanga.

2.

The Collector cum District Magistrate Darbhanga. 3.

The Circle Officer Darbhanga.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Awadhesh Kumar Mishra Ms. Rita Rai Mr. Ajay Kumar For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) Mr. Birendra Pd. Singh, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-05-2019 An order passed by the Collector, Darbhanga, in Vasgit Parcha Appeal No. 116 of 2016, on 06.11.2018, is being assailed in the present writ application.

Learned counsel appearing on behalf of the petitioner, assailing the impugned order, has relied on the case of Narayan Sah vs. State of Bihar, reported in 2004(3) PLJR 425, to submit that the impugned order is unsustainable. However, the petitioner has alternative statutory remedy under the provisions of Bihar Land Tribunal Act, which the petitioner could have availed. This writ application is disposed of with the observation that the petitioner may

Patna High Court CWJC No.9138 of 2019(3) dt.06-05-2019 2/2 approach the Bihar Land Tribunal impugning the said decision of the Collector by making appropriate application. It is indicated that the question of limitation, if any, arises before the Bihar Land Tribunal, the Tribunal may consider this aspect that the petitioner was advised to pursue her remedy before this Court by filing the present writ application. (Chakradhari Sharan Singh, J) Pawan/- U