Gangadhar Pandit v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16177 of 2012 ====================================================== Gangadhar Pandit Son of Late Kusum Lal Pandit, Resident of Village - Baluara Toli, P.S. Amour, District - Purnea .... .... Petitioner/s

Versus

1. The State Of Bihar , Through Collector, Purnea

2. The Sub-Divisional Officer, Baisi, District - Purnea

3. The Circle Officer Amour, District - Purnea

4. Basudeo Pandit Son of Late Kub Lal Pandit, Resident of Village - Balwa Toli, P.S. - Amour, District - Purnea .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Mallick For the Respondent/s : Mr. S.S. Shabbar Hussain, GP- 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 01-10-2015 The petitioner is aggrieved by order dated 29.02.2012 passed in Case No. 1 of 2009-2010 by the S.D.O., Baishi,Purnia, whereby appeal preferred on behalf of the respondent no. 4 under the rules framed under Section 48D of The Bihar Tenancy Act, 1885 has been allowed and the order passed by the respondent Anchal Adhikari allowing the claim of petitioner under Section 48D of the B.T. Act has been reversed and set aside. In the considered opinion of this Court, against the order impugned the petitioner has an alternative and efficacious 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 with a liberty to the petitioner to approach the learned Bihar Land Tribunal, Patna for grant of appropriate relief(s) with respect to the lands in question.

(Birendra Prasad Verma, J) BTiwary/- U