Patna High CourtCWJC/6929/2015disposed

Shiv Narain Sahu v. The State Of Bihar And ORS

2016-11-18Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6929 of 2015 ====================================================== Shiv Narain Sahu son of Late Sone Lal Sahu, Resident of Village- Behat, Police Station- Jhanjharpur (R.S.Shivir), District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. District Magistrate, Madhubani, Distt.- Madhubani.

3. Sub Divisional Officer- cum- Deputy Collector, Land Reforms, Jhanjharpur, Distt.- Madhubani.

4. Nand Lal Sahu son of Late Sone Lal Sahu Resident of Village- Behat, Police Station- Jhanjharpur (R.S.Shivir), District- Madhubani. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratnakar Ambastha, Adv. For the Respondent/s : Mr. SC-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 18-11-2016 The petitioner is aggrieved by the order dated 26.2.2015 passed in Board Case No. 102 of 2005 by the Board of Revenue, Bihar, Patna, as contained in Annexure-1 to the writ petition, whereby the aforesaid case filed on behalf of the respondent No.4 under Section 32 of The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 has been allowed and the orders passed by the authorities concerned have been set aside.

Indisputably, against the order impugned the petitioner has 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, but the petitioner has not exhausted the alternative remedy available to him.

In above view of the matter, the present writ petition is dismissed but a liberty is granted to the petitioner to approach the learned Bihar Land Tribunal, Patna, for grant of appropriate reliefs

Patna High Court CWJC No.6929 of 2015 (2) dt.18-11-2016 2/2 with respect to the lands in question as also the order impugned. (Birendra Prasad Verma, J) BTiwary/- U