Bijali Nonia v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9731 of 2012 ====================================================== Bijali Nonia, Son Of Late Sonelal Nonia, Resident Of Village Budhabe, P.S. Singheshwar , District - Madhepura .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Collector, Madhepura

3. The Circle Officer, Singheshwar , Distt.- Madhepura

4. Parsuram Chauhan, Son of Late Adhikari Chauhan, Resident of Budhaba, P.S. Singheshwar, District Madhepura .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Radhey Shyam Prasad For the Respondent nos.1to3 : Mr. Ratnakar Ambastha, AC to GP-13 For the Respondent no.4 : Mr.Shailendra Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 22-09-2015 Heard the parties.

The petitioner is aggrieved by the order dated 02.08.2011 passed in Basgit (Homestead) Case No.19 of 2006 by the respondent District Collector, Madhepura, as contained in Annexure-1, whereby, in exercise of his powers under Section 21 of The Bihar Privileged Persons Homestead Tenancy Act, 1947, he has allowed the petition filed on behalf of the respondent no.4 and has set aside the Basgit Parcha issued in favour of the petitioner.

In the considered opinion of this Court against the order impugned, the petitioner has an alternative and efficacious remedy before the learned Bihar Land Tribunal, Patna in view of the provisions contained in Section 9 of the Bihar Land Tribunal Act, 2009.

In above view of the matter, the present writ petition is dismissed with a liberty to the petitioner to approach the learned

Patna High Court CWJC No.9731 of 2012 (3) dt.22-09-2015 Bihar Land Tribunal, Patna for grant of appropriate relief(s) with respect to the lands under dispute.

(Birendra Prasad Verma, J) Arvind/- U