Patna High CourtCWJC/17687/2014dismissed

Ashok Singh v. The State Of Bihar And ORS

2016-10-03Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17687 of 2014 ====================================================== Ashok Singh, S/o Late Rameshwar Singh, Resident of Village - Kothayan, P.S. Jalalpur, District - Saran .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Land and Revenue Reforms, Bihar, Patna

2. The Commissioner, Saran Division, Chapra

3. The Collector, Saran at Chapra

4. The Additional Collector, Saran at Chapra

5. The Land Reforms Deputy Collector, Sadar, Chapra

6. The Circle officer, Jalalpur ( Saran )

7. The Block Education Officer, Jalalpur ( Saran )

8. The Head Master Middle School, Kothayan, Jalalpur ( Saran ) .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. Virendra Kumar, AC to SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 03-10-2016 The petitioner is aggrieved by the order dated 20.06.2013 passed by the respondent Additional Collector, Saran, Chapra in Misc. (Jamabandi Cancellation) Case No.4 of 2012-13, as contained in Annexure-6 to the writ petition, whereby jamabandi standing with respect to the lands in question has been cancelled.

Despite repeated calls, none appears on behalf of the petitioner in support of the present writ petition, though the name of the learned counsel appearing on his behalf is printed in the daily cause list. However, the learned State counsel appearing on behalf of the respondents has rightly pointed out that the order impugned is appealable under the provisions of Section 9(6)(a) of The Bihar Land Mutation Act, 2011. He further submits that the petitioner has filed Title Suit No.165 of 2010, which is still

Patna High Court CWJC No.17687 of 2014 (2) dt.03-10-2016 pending.

In the aforesaid circumstances, the present writ petition is dismissed, but a liberty is granted to the petitioner either to file an appeal before the prescribed appellate authority or to pursue his remedy in the pending title suit.

(Birendra Prasad Verma, J) Arvind/- U