Patna High CourtCWJC/22501/2012dismissed

Kismato Devi v. The State Of Bihar And ORS

2016-02-23Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22501 of 2012 ====================================================== Kismato Devi wife of Jai Ram Singh, resident of Akorha P.S. Dinara in the District of Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna

2. The District Magistrate-Cum-Collector, Rohtas

3. The Additional Collector, Rohtas

4. The Land Reforms Deputy Collector/Vikramganj in the district of Rohtas

5. The Circle Officer, Dinara in the district of Rohtas

6. Mrityunjay Kumar son of Late Rajgirhi Singh, resident of VillageAkorha, P.S. Dinar in the district of Rohtas .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. For the Respondent Nos. 1 to 5: Mrs. Archana Prasad, AC to SC 16 For the Respondent No. 6 : Mr. Saroj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 23-02-2016 The petitioner is aggrieved by order dated 17.08.2012 passed in Mutation Revision Case No. 23 of 2012 by the respondent Additional Collector, Rohtas, Sasaram, as contained in Annexure-4, whereby the aforesaid mutation revision case filed on behalf of the respondent no.6 was allowed and order dated 06.03.2012 passed in Mutation Appeal No. 32 of 2011-12 by the respondent DCLR, Bikramganj has been set aside. In the considered opinion of this Court, against the order impugned, the petitioner has an alternative and equally 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 present writ petition is dismissed, but with a liberty to the petitioner to approach the learned Bihar Land Tribunal, Patna for grant of appropriate relief

Patna High Court CWJC No.22501 of 2012 (3) dt.23-02-2016 2/2 (s) with respect to the lands in question as also against the order impugned.

(Birendra Prasad Verma, J) Tahir/- U