Patna High CourtCWJC/18125/2010dismissed

Ram Pyare Singh v. The State Of Bihar And ORS

2016-02-09Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18125 of 2010 ====================================================== Ram Pyare Singh S/O Late Munsi Roy R/O Vill./Mohalla- Mainpura, P.S.- Paatliputra, Distt.- Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Additional Collector, Patna

3. Land Reforms Deputy Collector, Patna Sadar, Patna

4. Anchal Adhikari, Patna Sadar, Patna 5.Meena Devi W/O Kameshwar Prasad Singh @ Dhiraj Kumar R/O Vill./Mohalla- Mainpura, P.S.- Patliputra, Distt.- Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the Respondent Nos. 1 to 4 : Mr. Md.Obaidullah, AC to SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 09-02-2016 The petitioner is aggrieved by the order dated 30.01.2010 passed in Mutation Revision Case No. 16 of 2008-09 by the respondent Additional District Collector, Patna, as contained in Annexure-6, whereby and whereunder the aforesaid mutation revision filed on behalf of the respondent no.5 has been allowed.

Though, none appears on behalf of the petitioner in support of the present writ petition, but the learned State counsel appearing on behalf of the respondent nos. 1 to 4, submits that the present writ petition is not maintainable at this stage in view of the fact that the petitioner has not exhausted the alternative remedy available to him before the learned Bihar Land Tribunal, Patna. Taking into consideration the submission made by the learned State counsel, this Court is of the opinion that against the order impugned the petitioner has an alternative and equally efficacious remedy before the learned Bihar Land Tribunal, Patna in view of the provisions contained in Section 9 of The Bihar Land

Patna High Court CWJC No.18125 of 2010 (6) dt.09-02-2016 2/2 Tribunal Act, 2009.

In above view of the matter, the present writ petition is dismissed, but the liberty is granted to the petitioner to approach the learned Bihar Land Tribunal, Patna for grant of appropriate relief (s) with respect to the lands in question as also with respect to the order impugned.

(Birendra Prasad Verma, J) Tahir/- U