Nirmal Kumar Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5700 of 2012 ====================================================== Nirmal Kumar Gupta, Son Of Late Ram Govind Prasad At Gola Road, Danapur, P.S. Danapur District Patna .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The District Magistrate Cum-Collector, Patna

3. The D.C.L.R. Danapur, District Patna

4. The Circle Officer Danapur District Patna

5. Manoj Rai Son of Ram Briksh Rai Resident of Nariyal Ghat P.S. Danapur, District Patna

6. Ashok Rai Son of Ram Briksh Rai Resident of Nariyal Ghat P.S. Danapur, District Patna

7. Naresh Rai Resident Of Nariyal Ghat P.S. Danapur, District Patna

8. Ashok Kumar Son of Sri Raja Ram Village Nasariganj P.S. Danapur District Patna

9. Srimati Meera Devi Wife of Anand Chandra Singh Village Jeorakha Tola P.S. Danapur District Patna

10. Arjun Baitha Son of Chhotan Baitha Village Achhua P.S. Dulhin Bazar District Patna

11. Smt. Ram Peyari Devi Wife Bhunu Makesh Village Achhua P.S. Dulhin Bazar District Patna

12. Lakhpatiya Devi Wife of Sanchit Rai

13. Sri Biteshwar Rai Son of Late Sheo Bhagan Rai

14. Prem Sagar Rai Son of Late Ram Manohar Rai Village Manas Naya Panapur P.S. Akilpur District Patna

15. Geeta Sinha Wife Of Sanjay Kumar At And P.S. Paliganj District Patna

16. Kanti Devi Wife of Late Ram Pukar Singh Village Achhua P.S. Dulhin Bazar Patna

17. Oshiyar Singh Son of Ram Padrath Singh Village Chandpur P.S. Bhagwanpur District Chhapra

18. Chandra Sheela Devi Wife of Late Babu Ram

19. Kaushilya Devi Wife of Kamal Rai At Nasariganj P.S. Danapur District Patna

20. Janak Prasad Son of Late Beni Prasad Village Mahua Bogh P.S. Dulhin Bazar Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar For the Respondent nos.1to4 : Mr. Harish Kumar, GP-32 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 18-01-2016 The petitioner is aggrieved by the order dated

Patna High Court CWJC No.5700 of 2012 (3) dt.18-01-2016 07.08.2010 passed in Mutation Revision Case No.16 of 2010-11 by the respondent Additional Collector, Patna, as contained in Annexure-4/1, whereby the aforesaid mutation revision case filed on behalf of the petitioner has been dismissed for the reasons recorded in that order.

The learned GP-32 appearing on behalf official respondents, at the very threshold, submitted that, against the impugned revisional order, the petitioner has an alternative and equally efficacious remedy before the learned Bihar Land Tribunal, Patna. Therefore, according to him, the writ petition is liable to be dismissed on that ground alone.

The submission made by the learned GP-32 appears to be correct since against the order impugned, the petitioner has an alternative and equally 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.

However, the petitioner, if so advised, shall be at liberty to approach the learned Bihar Land Tribunal, Patna for grant of appropriate relief(s) with respect to the lands in question as also against the order impugned.

Arvind/- (Birendra Prasad Verma, J) U