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Patna High CourtCWJC/7880/2023disposed

Laxmi Prasad Alias Laxmi Prasad Yadav v. The State Of Bihar

2023-10-12Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7880 of 2023 ====================================================== 1.

Laxmi Prasad alias Laxmi Prasad Yadav Son of Late Basudeo Gope @ Vasudev Yadav, Resident of Mohalla- Kumharar, Police Station- Agam Kuan, District- Patna.

2.

Krishna Prasad Yadav Son of Late Basudeo Gope, Resident of MohallaKumharar, Police Station- Agam Kuan, District- Patna. 3.

Manju Devi Wife of Late Shyam Hari Prasad Yadav, Resident of MohallaKumharar, Police Station- Agam Kuan, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Land Reform and Revenue, Government of Bihar, Patna. 2.

The Collector, Patna.

3.

The Deputy Collector, Land Reform, Patna City, District- Patna. 4.

The Circle Officer, Patna Sadar, Patna.

5.

Indradev alias Indradip Yadav, Son of Ritlal Gope, Resident of MohallaKumharar, Police Station- Agam Kuan, District- Patna. 6.

Rajesh Kumar Son of Indradev alias Indradip Yadav, Resident of MohallaKumharar, Police Station- Agam Kuan, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar For the Respondent/s :

Mr. Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-10-2023 Heard learned counsel for the petitioners and learned State counsel.

2. This writ petition has been filed for setting aside the order dated 18.04.2016 passed by respondent No. 3 in Mutation Appeal No. 33 of 2015-16.

3. Learned counsel for the State raises preliminary objection to the effect that statutory alternative remedy is

Patna High Court CWJC No.7880 of 2023(2) dt.12-10-2023 2/2 available to the petitioners by way of filing appeal under Section 8 of the Bihar Land Mutation Act, 2011 before the Collector or the Additional Collector of the District.

4. Learned counsel for the petitioners does not dispute the above proposition.

5. Having regard to the facts and circumstances of the case, this writ application is disposed of, directing the petitioners to seek remedy before the competent authority in accordance with law.

6. It goes without saying that if any question of limitation arises before the competent authority, the same shall be considered taking into consideration the fact that the petitioners were pursuing the issue before this Court under Article 226 of the Constitution of India.

7. The writ application stands disposed of with the above direction.

(Prabhat Kumar Singh, J) Navya/- U