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Patna High CourtCWJC/14179/2014dismissed

Joganand Yadav And ORS v. The State Of Bihar And ORS

2016-09-26Mr. Justice Birendra Prasad Verma1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14179 of 2014 ======================================================

1. Joganand Yadav

2. Nago Yadav, Both sons of Late Saibi Yadav & mother Dajo Devi, residents of Sheikhpura, P.S. Bhargama,District Araria.

3. Gujiya Devi, daughter of Late Saibi Yadav, wife of Jangal Yadav, resident of Village Narsingh, P.S. & District Marang, Nepal. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, Araria.

3. The Deputy Collector, Land Reforms, Forbesganj, District Araria.

4. The Circle Officer, Bhargama, District Araria.

5. Mahendra Yadav, son of Late Mahgu Yadav, resident of Village Sheikhpura, P.S. Bhargama, District Araria.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Yadav, Adv. For the Respondent/s : Mr. Ravi Ranjan, AC to SC-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 26-09-2016 The petitioners are aggrieved by the order dated 14.3.2014 passed in Mutation Revision Case No. 17 of 2012-13 by the respondent District Collector, Araria, as contained in Annexure-3, whereby the aforesaid mutation revision case filed on behalf of the respondent no. 5 has been allowed and the order passed by the appellate authority has been set aside. Indisputably, against the order impugned the petitioners have an alternative 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.

However, liberty is granted to the petitioners to approach the learned Tribunal for grant of appropriate relief(s) to them with respect to the lands in question.

(Birendra Prasad Verma, J) BTiwary/- U