Raj Kishore Lal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20563 of 2014 ====================================================== Raj Kishore Lal son of Late Madan Lal, R/O Village Puraini Bazar, P.S. Puraini, District Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Revenue Department Government of Bihar, Patna.

2. The District Magistrate, Madhepura.

3. The Deputy Collector of Land Reforms, Udakishunganj, District Madhepura.

4. The Circle Officer, Block Puraini, District Madhepura.

5. Bhagwan Lal, son of Late Anti Lal, R/O Village- Puraini Bazar, P.S. Puraini, District Madhepura.

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

For the Petitioner/s : Mr. Alok Kumar Singh, Adv. For the Respondent/s : Mr. Ajeet Kumar, SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 22-10-2016 Indisputably, the impugned order dated 29.12.2011 passed in Miscellaneous Case No. 3 of 2011-12 by the respondent Circle Officer, Puraini, as contained in Annexure-3 to the writ petition, rejecting the claim of the petitioner for mutation of his name with respect to the lands in question, is appealable and revisable under the provisions of The Bihar Land Mutation Act, 2011. The petitioner, without exhausting aforesaid statutory alternative remedy available to him, has straightaway approached this Court in the present proceeding.

In the considered opinion of this Court, the issues of facts must be raised and conclusively decided by the statutory authority and only thereafter the powers of judicial review of the High Court under Article 226 of the Constitution of India may be invoked.

In above view of the matter, the present writ petition is dismissed. However, the petitioner, if so advised, shall be at

Patna High Court CWJC No.20563 of 2014 (2) dt.22-10-2016 2/2 liberty to file an appeal before the prescribed appellate authority. (Birendra Prasad Verma, J) BTiwary/- U