Vineet Kumar Bhadani @ Vineet Gupta v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17761 of 2014 ====================================================== Vineet Kumar Bhadani @ Vineet Gupta Son of Late Rajendra Kumar Gupta resident of Mohalla - 166 Kasari Hills Road, P.S. - Civil Lines, District - Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Additional Collector, Revenue, Gaya.
3. The Deputy Land Reforms Collector, Gaya.
4. The Circle Officer, Sadar Anchal, Gaya.
5. The Halka Karamchari , Sadar Block, Gaya.
6. The Circle Inspector, Circle Office, Sadar Gaya.
7. Md. Saba Admad Daughter of N. Sagir Ahmad resident of Village - Hisua, P.S. - Hisua, District - Nawadah.
8. Md. Naushad Ahmad Khan Son of Late Md. Zafiruddin Khan Resident of Village - Ratanpura, P.S. - Sherghati, District - Gaya.
9. Jiyaul Hasan Khan Son of Waisul Hasan Khan resident of Village - Baju Kalam, P.S. - Mohanpur, District - Gaya.
10. Md. Azmal Son of Late Edrish resident of Village and P.S. - Narhat, District - Nawadah.
11. Shabnam Khanam Wife of Md. Zeyauddin Khan resident of Village - Agathua, P.S. - Belganj, District - Gaya.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mani Bhushan Kumar, Adv. For the Respondent Nos. 1 to 6 : Mr. M.N.H. Khan, SC-1 Mrs. Babita Kumari, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 17-10-2016 Heard.
The petitioner is aggrieved by the order dated 14.1.2011 passed by the respondent Circle Officer, Sadar, Gaya, as contained in Anneure-1 to the writ petition, whereby the claim of mutation raised on behalf of the private respondents has been allowed. Indisputably, the order impugned is appealable and revisable under the provisions of The Bihar Land Mutation Act, 2011 (in short ' the Act, 2011').
In above view of the matter, the present writ petition is
Patna High Court CWJC No.17761 of 2014 (2) dt.17-10-2016 2/2 dismissed. However, the petitioner shall be at liberty approach the statutory appellate authority under the provisions of the Act, 2011 for grant of appropriate relief to him with respect to the lands in question as also the order impugned.
It is clarified that against the order passed by the appellate authority, if any party is aggrieved, then he/she shall be at liberty to challenge that order before the prescribed revisional authority.
If an appropriate appeal is filed on behalf of the petitioner within a period of three weeks from today, after impleading all the necessary parties including the respondents herein, and if it is found to have become barred by limitation and if any petition is filed on behalf of the petitioner for condonation of such delay, then the learned appellate authority shall take into consideration that on a bonafide legal advice, the present writ petition was filed on 15.10.2014 and that remained pending till date before this Court.
(Birendra Prasad Verma, J) BTiwary/- U