Monika Devi And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23376 of 2013 ======================================================

1. Monika Devi, W/O Kamal Prasad Bhagat, Resident Of Village - Rauta Haat, P.S. - Rauta, District - Purnea

2. Kamal Bhagat @ Kamal Prasad Bhagat, S/O Late Ram Prasad Bhagat, Resident Of Village - Rauta Haat, P.S. - Rauta, District - Purnea .... .... Petitioner/s

Versus

1. The State Of Bihar through District Magistrate, Purnea

2. The L.R.D.C. Baisi, P.S. - Baisi, District - Purnea

3. The Circle Officer, Baisi, P.S.- Baisi, District - Purnea

4. Arti Devi, W/O Gopal Prasad Bhagat, Resident Of Village - Rauta Haat, P.S. - Rauta, District - Purnea

5. Gopal Prasad Bhagat, S/O Late Ram Prasad Bhagat, Resident Of Village - Rauta Haat, P.S. - Rauta, District - Purnea .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Singh, Adv. For the Respondent nos1to3 : Mr. Ravi Verma, AC to GP-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 22-12-2015 The petitioners are aggrieved by the order dated 24.06.2013 passed in Mutation Appeal Case No.21 of 2012 by the respondent D.C.L.R., Baisi, as contained in Annexure-3, whereby the aforesaid appeal preferred on behalf of the respondent nos.4 and 5 has been allowed and the matter has been remitted back to the respondent Circle Officer to pass fresh order after giving an opportunity of hearing to all the parties and after making local inspection.

The present writ petition is liable to be dismissed on two grounds; firstly, by the impugned order, the matter has been remitted back and the case is required to be decided by the original authority afresh after giving an opportunity of hearing to all the parties and after making local inspection; and secondly, against the impugned order, the petitioners have an alternative and equally

Patna High Court CWJC No.23376 of 2013 (2) dt.22-12-2015 efficacious remedy before the revisional authority in view of the provisions contained in Section 8 of The Bihar Land Mutation Act, 2011.

In above view of the matter, the present writ petition is dismissed.

However, if the petitioners are at all aggrieved, they shall be at liberty to approach the revisional authority, as indicated above, for redressal of their valid grievances. (Birendra Prasad Verma, J) Arvind/- U