Ujjawal Kumar Suman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8943 of 2019 ====================================================== 1.
Ujjawal Kumar Suman Son of Ram Suresh Singh@ Suresh Prasad Singh@ Ram Suresh Prasad Singh@ Ram Suresh Prasad, Resident of VillageEtahari, Police Station- Tekari, at Present Village- Bishunpura, P.S. Sherghati, District- Gaya.
2.
Chitranjan Kumar, Son of Ram Suresh Singh@ Suresh Prasad Singh@ Ram Suresh Prasad Singh@ Ram Suresh Prasad, Resident of Village- Etahari, Police Station- Tekari, at Present Village- Bishunpura, P.S. Sherghati, District- Gaya.
3.
Shiv Pujan Singh, Son of Ram Sumran Singh@ Ram Sumiran Singh, Resident of Village- Etahari, Police Station- Tekari, at Present VillageBishunpura, P.S. Sherghati, District- Gaya. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary Department of Revenue and Land Reforms, Government of Bihar.
2.
The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar.
3.
The Special Secretary, Department of Revenue and Land Reforms, Government of Bihar.
4.
The Director, Land Record and Department of Revenue and Land Reforms Government of Bihar.
5.
The Information Technology (I.T). Manager Department of Revenue and Land Reforms Government of Bihar.
6.
The Divisional Commissioner Magadh Gaya, Bihar. 7.
The Settlement Officer, Gaya, Bihar.
8.
The District Magistrate, Gaya.
9.
The Senior Deputy Collector, Tikari, Sub- Divisional, Gaya, Bihar. 10.
The Deputy Collector Land Reforms Tikari Sub-Division, Gaya, Bihar. 11.
The Revenue Officer, Gaya, Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No 13 Mr. Rohit Kumar No. 5 For the State :
Mr.Rishi Raj Sinha (SC-19) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-04-2019 Following is the relief, which the petitioners are
Patna High Court CWJC No.8943 of 2019(2) dt.26-04-2019 2/3 seeking in the present writ application:- "A Mandamus commanding the respondent authorities to take appropriate necessary correction in Land Records specially in computer data which is available on official website in the light of direction passed in order/judgment dated 18.12.1979 passed in Suit No. 809 of 1977 by the learned Court of Revenue Officer Gaya under section 106 of Bihar Tenancy Act, 1885 whereby and where under learned Court of Revenue Officer, Gaya directed the mutation of land described in para 6 of this petition and struck off from khata of Government of Bihar (Bihar Sarkar) to new khata registered in name of petitioners."
The petitioners have alternative statutory remedy under the Bihar Land Disputes Resolution Act, 2009 (for short 'the Act of 2009'), to establish their claim, if the same does not involve any complex question of title and possession. This writ application is, thus, disposed of with an observation that the petitioners shall be at liberty to invoke the provisions of the Act of 2009 and if they approach the competent authority by making an application, the same shall be disposed of expeditiously, in accordance with law. While disposing of the case of the petitioners, the competent authority, under the Act, shall keep in mind this Court's decision in the case of Maheshwar Mandal and others Vs. State of Bihar
Patna High Court CWJC No.8943 of 2019(2) dt.26-04-2019 3/3 and others, reported in 2018 (3) PLJR 1007.
It goes without saying that the respondents shall keep in mind the statutory time prescribed for disposal of the application under the provisions of the Act of 2009. (Chakradhari Sharan Singh, J) HR/- U