Amarnath Upadhaya And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6765 of 2011 ======================================================

1. Amarnath Upadhaya son of Late Bir Upadhya

2. Dhanesh Upadhya son of Late Ram Suresh Upadhyaya

3. Most. Hirawati Kunwar wife of Late Ram Suresh Upadhyaya

4. Shambhu Nath Upadhyaya son of Late Markandey Upadhyaya

5. Most. Indrasani Kunwar wife of late Markandey Upadhyaya

6. Malti Kunwar wife of late Shiv Shankar Upadhyaya

7. Most Shanti Kunwar wife of Daroga Upadhyaya

8. Ayodhya Upadhyaya

9. Bhola @ Kashinath Upadhyaya, both sons of late Balaji Upadhyaya, all are residents of village Sijhua tola Kalani, P.O. Thakura, P.S. Ramgarh, District- Kaimur

10. Usha Devi wife of Baldau Missir, resident of village Naraon, P.S. Bhabhua, District Kaimur

11. Rakesh Tiwary son of Kapildeo Tiwary, both residents of village + P.O. Thakura, P.S. Ramgarh, District Kaimur.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Director, Consolidation, Bihar, Patna.

3. Consolidation Officer-cum-Anchal Adhikari, Ramgarh, P.S. Ramgarh, District Kaimur.

4. Vidyadhar Upadhyaya

5. Hiradhar Upadhyaya, both sons of late Narsingh Upadhyaya, resident of village- Bareji, P.S. Gahmar, District- Gazipur, at present resident of village Sijhua, tola Kalani, P.S. Ramgarh, District- Kaimur Bhabhua.

6. Lalan Upadhyaya son of late Bir Upadhyaya

7. Vijai Shankar Upadhyaya son of late Baban Upadhyaya, both resident of village Sijhua Tola Kalani, P.O. Thakura P.S. Ramgarh, District Kaimur.

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

For the Petitioner/s : Mr. Parth Gaurav Mr. Ranjan Kumar Dubey Mr. Rakesh Chandra For the Respondent No.1 to 3 : Mr. Utsav Kumar, AC to GA-11 For the Respondent No.4 & 5 : Mr. Arun Kumar Tiwari ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 26-08-2015 Heard.

The petitioners are aggrieved by the order dated 24.02.2011 (Annexure-1) passed in Consolidation Revision Case No. 15 of 2009 by the respondent Director of Consolidation,

Patna High Court CWJC No.6765 of 2011 (5) dt.26-08-2015 2/2 Bihar, Patna, whereby the aforesaid consolidation revision filed on behalf of the private respondents has been allowed. Against the impugned order dated 24.02.2011 the petitioners have alternative and efficacious remedy before the learned Bihar Land Tribunal, Patna, but without exhausting the aforesaid alternative and efficacious remedy, the present writ petition has been filed on behalf of the petitioner before this Court. In view of the fact that the petitioners have alternative and efficacious remedy before the learned Bihar Land Tribunal, Patna, the present writ petition is dismissed with a liberty to the petitioners to approach the Bihar Land Tribunal, Patna for grant of appropriate relief.

(Birendra Prasad Verma, J) BTiwary/- U