Upendra Narayan Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1194 of 2016 ====================================================== Upendra Narayan Jha Son of Late Anant Lal Jha, Resident of Village and P.O. - Sanhauli, P.S. - Chitraguptnagar, District - Khagaria. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Sub- Divisonal Officer, Sadar, Khagaria.

3.

The Deputy Collector, Land Reforms.

4.

Soshan Sah, 5.

Laxmi Sah, 6.

Rajo Sah, Respondents Nos. 4 to 6 are sons of Late Banarasi Sah, Resident of Mohalla -North Hajipur, Ward No. 13, P.S. Chitraguptnagar, District - Khagaria.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Anjani Kumar AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-09-2023 No one appeared on behalf of the petitioner. However, counsel for the State is present.

2. The present writ petition has been filed for quashing the impugned order dated 07.08.2015 passed by the Deputy Collector, Land Reforms, Khagaria in Misc. Petition dated 25.07.2015 filed by the petitioner in Land Dispute Resolution Case No. 15/2011 for implementation of order dated 30.10.2014 passed by D.C.L.R for removing encroachment over the land in dispute.

3. Counsel for the State submits that the petitioner has

Patna High Court CWJC No.1194 of 2016(2) dt.27-09-2023 2/2 raised preliminary objection that order passed by the D.C.L.R is appealable, as such, this writ petition is not maintainable.

4. In this view of the matter, this writ petition is disposed of directing the petitioner to avail the statutory remedy of appeal available under the law.

5. It is directed that the delay in filing the appeal, if any, shall be condoned by the appellate authority. (Dr. Anshuman, J) Sunnykr/- U