Umrawati Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22594 of 2013 ====================================================== Umrawati Devi Wife of Krishnandan Singh Sharma, Resident of Village - Katari, Police Station - Rani Talab ( Kanpa ), District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Land Reform Department, Patna

2. The Magistrate Cum Collector, Patna

3. The Additional Collector, Patna

4. The Land Reforms Deputy Collector, Paliganj, District - Patna

5. The Circle Officer, Bikram, District - Patna

6. Satrughan Singh Son of Late Musafir Singh, Resident of Village - Sarasat, Police Station - Naubatpur, District - Patna

7. Gajendra Prasad Singh Son of Late Musafir Singh, Resident of Village - Sarasat, Police Station - Naubatpur, District - Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Respondent No.1 to 5 : Mr. Sanjay Kumar Jha, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 18-12-2015 The petitioner is aggrieved by the order dated 05.05.2012 passed in Revision Case No. 23 of 2010-11 by the respondent Additional Collector, Patna, as contained in Annexure4, whereby the aforesaid mutation revision application filed on behalf of the private respondents under the provisions of The Bihar Land Mutation Act, 2011 has been allowed and the orders passed by the original authority as also the appellate authority have been set aside.

The learned AC to G.P. 18 appearing on behalf of the respondent no. 1 to 5 submits that the present writ petition is liable to be dismissed as the petitioner has not exhausted alternative remedy available to her before the learned Bihar Land Tribunal, Patna.

In the considered opinion of this Court, against the order impugned, the petitioner has an alternative and equally efficacious

Patna High Court CWJC No.22594 of 2013 (2) dt.18-12-2015 2/2 remedy before the learned Bihar Land Tribunal, Patna in view of the provisions contained in Section 9 of The Bihar Land Tribunal Act, 2009.

In above view of the matter, the writ petition is dismissed, but a 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(s) impugned.

(Birendra Prasad Verma, J) BTiwary/- U