Shakuntala Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16505 of 2015 ====================================================== Shakuntala Devi W/o Sri Sita Ram Paswan Resident of Muhalla Bhandar Chowk- Kathalwari P.S.- L.N. Mithila University Campus, DistrictDarbhanga. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director Land Records and Survey, Govt. of Bihar, Patna. 3.

The Collector, Darbhanga.

4.

The Assistant Survey Superintendent, Municipal Survey of Act Darbhanga. 5.

The Sub-Divisional Officer, Darbhanga.

6.

The Anchal Adhikari, Sadar Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrendra Narayan, Adv.

:

Mr. Deepak Kumar, Adv.

For the Respondent/s :

Mr. Rohitabh Das. AC to AAG13 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for challenging the order dated 30.07.2008 decided by the Assistant Survey Superintendent, Darbhanga (respondent No.4) on an application filed under Section 9 of the Bihar & Orissa Municipal Survey Act, 1920.

3. Counsel for the State raised preliminary objection that under the statute, namely, the Bihar & Orissa Municipal Survey Act, 1920, an objection is subject to challenge in appeal

Patna High Court CWJC No.16505 of 2015(2) dt.01-09-2023 2/2 under Rule 15(2) of the Bihar & Orissa Municipal Survey Rules which states as follows:- Section 15(2):- An appeal against the order of the Superintendent of Survey disposing of an objection under rule 9 shall lie to the Collector, or if the Collector is the Superintendent of Survey to the Commissioner. The appeal shall be presented within one month of the date of the order appealed against.

5. In this view of the matter, the petitioner is directed to prefer appeal before the Collector, Darbhanga within 4 weeks' from today and the Collector, Darbhanga upon filing the appeal by the petitioner, shall decide the appeal within 3 months from the date of appearance of parties concerned.

6. With the aforesaid direction, the present writ application is hereby disposed of.

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