Shailendra Kishore v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9491 of 2023 ====================================================== Shailendra Kishore Son of Late Ramendra Kumar, Resident of VillageBharat Khand Dyodhi, Ward No. 10, P.S. Bharatkhand, Anchal Parbatta, District- Khagaria.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The Director, Land Records Govt. of Bihar, Patna. 4.

The District Magistrate-cum-Collector, District- Bhagalpur. 5.

The Additional Collector, Bhagalpur.

6.

The Deputy Collector Land Reforms, Naugachhia, District- Bhagalpur. 7.

The Circle Officer Anchal Naugachhia, P.S.Parbatta, District Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Respondent/s :

Mr. Sajid Salim Khan (SC-25) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and State.

2. This writ application has been filed to quash the survey entry of the petitioner's land, which has been wrongly recorded in the name of Bihar Sarkar (Anabad), which is the Khatiyani land of the petitioner, over which, the petitioner is coming in possession.

3. At the outset, learned counsel for the State raises preliminary objection to the effect that petitioner has got statutory / alternative remedy by way of filing application before the L.R.D.C. Learned State counsel further submits that

Patna High Court CWJC No.9491 of 2023(2) dt.11-12-2023 2/3 grievance of the petitioner relates to correction in the revenue record, which has been enumerated in Section 4(1)(f) of the Bihar Land Disputes Resolution Act, 2009 whereby the L.R.D.C. shall have jurisdiction and adjudicate the issue. Section 4(1)(f) of the aforesaid Act reads as follows: "4. Jurisdiction and authority to resolve disputes. - (1) The Competent Authority shall have jurisdiction and authority to hear and adjudicate, on an application or complaint or on any application referred to by a Prescribed Authority or officer, any issue arising out of following types of disputes:- (f) Correction of entry made in the Record of Rights including map/survey map."

4. Learned counsel for the petitioner does not dispute the above proposition. However, he requests for disposal of the writ application granting liberty to the petitioners to seek remedy before the appropriate forum i.e. L.R.D.C./Respondent no. 6, as may be available to him, in accordance with law.

5. If such application is filed before the competent authority / L.R.D.C. within a period of six weeks from today, the same shall be disposed of after hearing the parties in accordance with law preferably within a period of six months from the date of filing of such application.

6. It goes without saying that if any question of limitation arises before the competent authority, the same shall

Patna High Court CWJC No.9491 of 2023(2) dt.11-12-2023 3/3 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. Writ petition stands disposed of with the aforesaid observations and directions.

(Prabhat Kumar Singh, J) anay/- U