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Patna High CourtCWJC/7051/2015disposed

Satya Narayan Mishra And ORS v. The State Of Bihar And ORS

2019-02-19Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7051 of 2015 ======================================================

1. Satya Narayan Mishra son of Late Ayodhya Prasad Mishra, resident of Village-Bishouni, P.S. -Salarpur, P.S.-Parbatta, District Khagaria

2. Pramila Devi, wife of Maheshwar Yadav, resident of Village and P.O.- Salarpur, P.S.-Parbatta, District Khagaria

3. Pintu Kumar Yadav, son of Late Bharat Yadav, resident of Village and P.O. Salarpur, P.S. Parbatta, District-Khagaria

4. Mohd. Jamal Mian, son of Late Shahid Mian resident of Village and P.O. -Salarpur, P.S.-Parbatta, District Khagaria

5. Kapildeo Yadav, son of Late Jagrup Yadav, resident of Village and P.O.- Salarpur, P.S.-Parbatta, District Khagaria ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Revenue, Govt. of Bihar, Patna

2. The Principal Secretary, Department of Revenue, Govt. of Bihar, Patna

3. The District Magistrate-cum-Collector, Bhagalpur

4. The Additional Collector, Bhagalpur

5. The Deputy Collector of Land Reforms, Naugachia, Bhagalpur

6. The Circle Officer, Narayanpur, Bhagalpur

7. The Circle Officer, Bihpur, Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ambrish Kumar Jha For the State Mr. Amit Bhushan, AC to GP 17 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-02-2019 Heard counsel for the parties.

The petitioners are seeking the following reliefs:- "(i) Issuance of an order/direction/writ in the nature of mandamus directing the respondents to finalize the revisional/Mini survey then prepare and publish the survey report as per the direction of this Hon'ble Court dated 11.09.2009.

(ii) Issuance of an order/direction/writ in the nature of mandamus directing the respondents to

Patna High Court CWJC No.7051 of 2015(5) dt.19-02-2019 2/2 issue the rent receipts to the petitioners of the land in question on the basis of old survey report prepared and published in the year 1909-10, from 2009 to till the publication of Revisional Survey and Mini Survey."

In my view, the petitioners have remedy of approaching either the competent authority under the Land Disputes Resolution Act, 2009 or under the Bihar Public Grievance Redressal Act, 2015. Such remedies are statutory in nature, which the petitioners may avail. The State Legislature has also enacted the Bihar Right to Public Service Act, 2011 which may also be availed by the petitioners. I have not gone into the merits of the petitioners' claim.

This writ application is disposed of with the liberty to the aforesaid extent.

(Chakradhari Sharan Singh, J) HR/- U