Rampari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9851 of 2023 ====================================================== RAMPARI DEVI WIFE OF KAUSALENDRA SINGH RESIDENT OF MAUZA- MOSIMPUR, POST AND POLICE STATION- KHUSHRUPUR, DISTRICT- PATNA.
... ... PETITIONER/S
VERSUS
1.
THE STATE OF BIHAR BIHAR.
2.
THE DISTRICT MAGISTRATE, PATNA.
3.
CIRCLE OFFICER, KHUSRUPUR CIRCLE, AT P.O. AND P.S. KHUSRUPUR, DISTRICT- PATNA.
4.
DINI SINGH, SON OF RAMKISHORE SINGH RESIDENT OF MAUZAMOSIMPUR, POST AND POLICE STATION- KHUSHRUPUR, DISTRICT- PATNA.
5.
JAI RAM SINGH, SON OF RAMKISHORE SINGH RESIDENT OF MAUZA- MOSIMPUR, POST AND POLICE STATION- KHUSHRUPUR, DISTRICT- PATNA.
... ... RESPONDENT/S ====================================================== Appearance :
For the Petitioner/s :
Mr. Anshuman, Advocate For the Respondent/s :
Mr. Md. Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-12-2023 Heard learned counsel for the parties.
2. This writ petition has been filed for the issuance of directions to respondent authorities for restoring the rakwa(area) of purchased land of petitioner measuring area 23 3⁄4 decimal which has been reduced to 18 1/8 decimal.
3. At the outset, learned counsel for the State raises preliminary objection and submits that grievance of the petitioner relates to correction of entry made in Record of rights
Patna High Court CWJC No.9851 of 2023(2) dt.14-12-2023 2/3 which falls under Section 4(1) (f) of The Bihar Land Disputes Resolution Act, 2009 which reads as:
"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.
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 4(1) (f) of the Bihar Land Disputes Resolution Act, 2009. Petitioner has statutory alternative remedy available which he can avail in accordance with law.
6. Petitioner shall be at liberty to seek remedy before the appropriate forum as may be available to him in accordance with law.
7. It goes without saying that if any question of limitation arises before the competent authority, the same shall
Patna High Court CWJC No.9851 of 2023(2) dt.14-12-2023 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 .
8 . This writ petition is accordingly disposed of with the aforesaid observations.
(Prabhat Kumar Singh, J) Koushik/- U