Sri Abhay Kant Rao And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22084 of 2013 ======================================================

1. Sri Abhay Kant Rao

2. Sri Saheb Kumar Rao Both Sons Of Late Ranjeet Rao, Resident Of Village+P.O.-Lagunaha, P.S.- Bagha, District-West Champaran .... .... Petitioner/s

Versus

1. The State Of Bihar through the Collector , Bettiah (West Champaran)

2. The Collector Bettiah, West Champaran

3. The Additional District Magistrate, Bettiah, District-West Champaran

4. The Circle Officer, Bagaha, District-West Champaran .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar, Adv. For the Respondent/s : Mr. Pravin Kumar Verma, AC to SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 18-12-2015 The petitioners are aggrieved by the order dated 30.03.2013 passed in Jamabandi Correction Case No.347 of 201213 by the respondent Additional Collector, West Champaran, Bettiah, whereby in exercise of the powers under Section 9 of The Bihar Land Mutation Act, 2011 (in short 'Act, 2011') a direction has been issued for cancellation of jamabandi standing in the name of the petitioners. As per the findings in the impugned order, jamabandi was created by sheer manipulation.

In the considered opinion of this Court, against the order impugned, the petitioners have an alternative and equally efficacious remedy of appeal before the prescribed appellate authority in view of the provisions contained in Section 9 (6)(a) of the Act, 2011. Not only that, against the final order passed by the appellate authority, the aggrieved person will have remedy of revision in terms of Section 9(7)(a) of the Act, 2011 and thereafter the aggrieved party will have further remedy before the Bihar

Patna High Court CWJC No.22084 of 2013 (2) dt.18-12-2015 Land Tribunal, Patna.

In above view of the matter, since the issues raised herein involves questions of facts, which are required to be decided conclusively by the statutory authorities, the present writ petition is dismissed, but liberty is granted to the petitioners to approach the statutory authority for redressal of their valid grievances with respect to the lands claimed by them as also against the order impugned.

(Birendra Prasad Verma, J) Arvind/- U