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Patna High CourtCWJC/17888/2015disposed

Shri Jhula Bihari Ji, Shri Ram Janki Ji, Shri Lakshman Ji, Shri Hanuman Ji Deities Stand In Pakh v. The State Of Bihar And ORS

2023-11-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17888 of 2015 ====================================================== 1.

Shri Jhula Bihari Ji, Shri Ram Janki Ji, Shri Lakshman Ji, Shri Hanuman Ji Deities Stand In Pakh 2.

Mahanth Ram Mohan Das, Chela of Late Ram Sundar Das, Pakhtola Tole Bhatolia Math, Police Station- Dumra, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Director, Consolidation 3.

Deputy Director, Consolidation 4.

Consolidation Officer, Dumra, Sitamarhi.

5.

Ashok Kumar Singh Son of Late Ram Chandra Singh, resident of Paktola Tole Bhatauliya Ward No.1, Police Station- Dumra, District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Jha, Advocate For the Respondent/s :

Mr.K.Kumar, SC 9 Mr. Y.Kumar, AC to SC 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-11-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners have prayed for quashing order dated 22.1.2014, passed by respondent no.2 in Revision No. 341 of 2013 (annexure 10). petitioners have also prayed for commanding respondent no.3 to forbear from proceeding with the aforesaid revision case contained in annexure 9.

3. At the outset, learned counsel for the State submits that the petitioners have got statutory alternative remedy before the Bihar Land Tribunal under section 9 of the Bihar Land Tribunal Act, 2009 as such, without exhausting the alternative remedy, no writ shall lie.

4. The learned counsel for the petitioners does not

Patna High Court CWJC No.17888 of 2015(6) dt.24-11-2023 2/2 dispute the aforesaid proposition of law.

5. In the above view of the matter, this Court is not inclined to interfere in the matter in its extra-ordinary writ jurisdiction.

6. This writ petition is disposed of with a direction and observation that petitioners shall have liberty to move before the appropriate authority within a period of 6 weeks from today.

7. It goes without saying that if any question of limitation arises before the competent authority, the same shall be considered, taking into consideration the fact that the petitioners were pursuing the issue before this Court. (Prabhat Kumar Singh, J) Shashi U