Patna High CourtCWJC/52/2012dismissed

Umesh Ram v. The State Of Bihar And ORS

2015-10-14Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.52 of 2012 ====================================================== Umesh Ram son of Shiv Shankar Ram, resident of Village-Sundarpur, Kharauna, P.S. & Circle-Sheohar, District-Sheohar .... .... Petitioner/s

Versus

1. The State of Bihar

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

3. The Commissioner, Tirhut Division, Muzaffarpur

4. The District Magistrate-Cum-Collector, Sheohar

5. The Circle Officer, Sheohar

6. The Block Development Officer, Sheohar

7. The Junior Engineer, Sheohar

8. Jagarnath Prasad son of Late Awadh Nandan Prasad, resident of Village Sundarpur, P.S. Circle & District Sheohar

9. Hemant Kumar Son Of Late Vishwanath Prasad Resident Of Village Sundarpur, P.S. Circle & District Sheohar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Manish Kumar, Advocate Mr. Hans Lal Kumar, Advocate For the Respondent Nos. 1 to 7 : Mr. Sushant Praveen, AC to SC 27 For the Respondent Nos. 8 & 9 : Mr. Sanjeev Nikesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER ------------------ 14-10-2015 Heard the parties.

The petitioner is aggrieved by order dated 07.04.2011 passed in Basgit Parcha Appeal Case No. 6 of 2011 by the respondent Collector, Sheohar, as contained in Annexure-8, whereby the petition filed on behalf of the respondent Nos.8 and 9 under Section 21 of The Bihar Privileged Persons Homestead tenancy Act, 1947 has been allowed and the order passed by the Anchal Adhikari, Sheohar issuing Basgit Parcha in favour of the petitioner was set aside and reversed.

In the considered opinion of this Court, against the order impugned, the petitioner has an alternative and efficacious remedy before the learned Bihar Land Tribunal, Patna in view of

Patna High Court CWJC No.52 of 2012 (4) dt.14-10-2015 2/2 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 with a liberty to the petitioner to approach the learned Bihar Land Tribunal, Patna for grant of appropriate relief (s) with respect to the lands in question, as also with respect to the order impugned in the present proceeding.

(Birendra Prasad Verma, J) Tahir/- U