Geeta Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8524 of 2018 ====================================================== Geeta Devi wife of Sri Gukul Sah, Resident of Village- Sisai Tarkul Tola, Police Station- Goreakothi, District- Siwan.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

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

The Additional Collector, Siwan.

4.

The Deputy Collector, Land Reforms, Maharajganj, District- Siwan. 5.

The Sub- Divisional Officer, Maharajganj, District- Siwan. 6.

The Circle Officer, Goreakothi, District Siwan. 7.

The Anchal Amin, Goreakothi, District Siwan.

8.

Sri Chandrika Prasad, son of Late Sarwan Prasad, 9.

Sri Parshuram Prasad, son of Late Munshi Prasad, Both resident of VillageSisai Tarkul Tola, P.S. Goreakothi, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Naresh Prasad , Advocate For the Respondent/s :

Mr. Raj Kishore Roy -Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-02-2024 Heard learned counsel for the parties.

2. This writ petition has been filed for the issuance of a writ in the nature of mandamus to the respondents for compliance to the order dated 26.02.2013 passed in Jamabandi Case No. 20/2012-2013 by learned Additional Collector, Siwan .

3. At the outset, learned counsel for the State raises preliminary objection to the effect that petitioner has got alternative statutory remedy under Section 15 of The Bihar Land Disputes Resolution Act, 2009 which reads as:

Patna High Court CWJC No.8524 of 2018(4) dt.02-02-2024 2/3

15. Execution of the order passed by the competent authority.- The competent authority shall execute the order passed by him subject to order, if any, passed in appeal. Provided that if no appeal is filed within the prescribed period he shall proceed to execute the said order either himself or authorise any other officer or employee to execute the same.

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

5. In the above view of the matter, this Court is not inclined to interfere in the matter in its extra-ordinary writ jurisdiction. Grievance of the petitioner falls under Section 15 of the Bihar Land Disputes Resolution Act, 2009. Petitioner has statutory alternative remedy available which he can avail 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 petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India .

7. This writ petition is accordingly disposed of with

Patna High Court CWJC No.8524 of 2018(4) dt.02-02-2024 3/3 the aforesaid observations.

(Prabhat Kumar Singh, J) Koushik/- U