Bharat Prasad Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13288 of 2019 ====================================================== Bharat Prasad Sharma Son of Late Thaneshwar Sharma Resident of VillageShriwar, P.S.- Naubatpur, District- Patna. ... ... Petitioner

Versus

1.

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

2.

The District Magistrate-cum- Collector, Patna. 3.

The Addl. Collector, Patna.

4.

The Deputy Land Reforms Collector, Danapur.

5.

The Circle Officer, Naubatpur.

6.

Chandeshwar Singh son of Bhagwan Singh Resident of Village- Painapur, P.S.- Naubatpur, District- Patna.

7.

Karu Singh son of Bhagwan Singh Resident of Village- Painapur, P.S.- Naubatpur, District- Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Y.C. Verma, Senior Advocate Mr. Anuj Kumar, Advocate For the Respondent State:

Mr. Mukul Prasad, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-07-2019 The petitioner has put to challenge an order, dated 26.08.2014, passed by the Additional Collector, Patna, in Jamabandi Case No. 01 of 2014-15, whereby the petitioner's application for cancellation of jamabandi No.104/1, standing in the name of respondent No. 6, and jamabandi No.105 standing in the name of respondent No. 7 in respect of land appertaining to Khata No. 125, 139, Plot No. 806 and 807 respectively, situate at village Painapur in Naubatpur Block of Patna district, has been rejected. Certain consequential orders have been issued

Patna High Court CWJC No.13288 of 2019(3) dt.03-07-2019 2/2 by the Circle Officer on 28.01.2019, which is also being assailed.

I do not find any justification for the petitioner to approach this Court nearly five years after passing of the impugned order dated 16.08.2014. Further, it is evident that the said impugned order, dated 16.08.2014, has been passed in a proceeding under Section 9 of the Bihar Land Mutation Act, 2011. There is provision of appeal, which the petitioner did not avail.

In such circumstances, I am not inclined to entertain this writ application. This writ application is accordingly dismissed.

The petitioner shall be at liberty to take recourse to appropriate provisions of law including by approaching Civil Court of competent jurisdiction by filing the suit, if any question of title is involved.

(Chakradhari Sharan Singh, J) Pawan/- U