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Patna High CourtCWJC/20530/2011dismissed

Ganesh Choudhary v. The State Of Bihar And ORS

2015-09-04Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20530 of 2011 ====================================================== Ganesh Choudhary Son Of Late Chandradeep Choudhary, Resident Of Village - Bans Ke Tal, Safipur, P.S. + Post - Khusurupur, District - Patna .... .... Petitioner/s

Versus

1. The State Of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Govt. Of Bihar, Old Secretariate, Patna

2. The Collector, Patna

3. The S.D.O. , Patnacity, Patna

4. The Deputy Collector, Land Reforms, Patna City, Patna

5. The Circle Officer, Khusrupur, Patna

6. Ram Laxman Choudhary Son Of Tuna Choudhary Resident Of Safipur, P.S. + Post - Khusrupur, District - Patna

7. Tulsi Choudhary Son Of Ram Chandra Choudhary Resident Of Safipur, P.S. + Post - Khusrupur, District - Patna

8. Kailash Choudhary Son Of Tuna Choudhary Resident Of Safipur, P.S. + Post - Khusrupur, District - Patna

9. Ram Briksha Cchoudhary Son Of Ram Autar Choudhary Resident Of Safipur, P.S. + Post - Khusrupur, District - Patna

10. Vinay Choudhary Son Of Godhan Choudhary Resident Of Safipur, P.S. + Post - Khusrupur, District - Patna

11. Binod Choudhary Son Of Godhan Choudhary Resident Of Safipur, P.S. + Post - Khusrupur, District - Patna

12. Manoj Choudhary Son Of Godhan Choudhary Resident Of Safipur, P.S. + Post - Khusrupur, District - Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Sinha For the Respondent No. 1 to 5 : Mr. Anshuman Singh, GP-24 Mr. Rajeev Shekhar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 04-09-2015 Heard.

The petitioner is aggrieved by order dated 07.08.2010 (Annexure-7) passed in Miscellaneous Case No. 13 of 2009-10 by the respondent D.C.L.R.-cum-S.D.O., Patna City, whereby order dated 09.11.2009 vide Annexure-6 passed by the respondent Circle Officer, Khushrupur regarding mutation of the lands in question has been affirmed.

In the considered opinion of this Court, the petitioner

Patna High Court CWJC No.20530 of 2011 (6) dt.04-09-2015 2/2 has an alternative and efficacious remedy before the revisional authority, but he has not exhausted the aforesaid remedy of revision before the statutory authority.

Learned G.P. 24 appearing on behalf of the respondent no. 1 to 5 has rightly pointed out that the present writ petition is not maintainable at this stage in view of availability of alternative and efficacious remedy to the petitioner before the statutory revisional authority.

In above view of the matter, the present writ petition is dismissed with a liberty to the petitioner to approach the revisional authority for grant of appropriate relief(s) with respect to the lands in question.

(Birendra Prasad Verma, J) BTiwary/- U