Most.Rekha Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10712 of 2011 ====================================================== Most.Rekha Jha widow of Late Girendra Jha R/O Village-Budhuchak P.O.- Budhuchak P.S.-Budhuchak (Kahalgaon) District Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, Bhagalpur

3. The Additional Collector Bhagalpur

4. Deputy Collector (Land Reforms) Bhagalpur

5. The Circle Officer, Kahalgaon District Bhagalpur

6. Antaryami Kuwar son of Late Mahendra Kumar R/O Village-Shiv Narayanpur P.S.-Kahalgaon, Distruct Bhagalpur

7. The Senior Superintendent of Police, Bhagalpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vivekanand Vivek, Advocate For the Respondent Nos. 1 to 5 & 7 : Mrs. Abhanjali, AC to GP 16 For the Respondent No. 6 : Mr.Rajni Kant Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER -------------- 31-08-2015 Heard learned counsel for the parties.

The petitioner is aggrieved by order dated 06.09.2010 (Annexure-4) passed in Mutation Revision Case No. 13 of 200910 by the respondent District Collector, Bhagalpur, whereby the aforesaid revision application filed on behalf of the petitioner was rejected.

Indisputably, against the impugned order vide Annexure-4 the petitioner has an alternative and efficacious remedy before the learned Bihar Land Tribunal, Patna in view of 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, but with a liberty to the petitioner to approach the learned Bihar Land Tribunal, Patna in an appropriate proceeding

Patna High Court CWJC No.10712 of 2011 (5) dt.31-08-2015 2/2 for grant of appropriate relief (s), which shall be decided on its own merit without being prejudiced/influenced by the dismissal of the present writ petition.

If an appropriate petition is filed on behalf of the petitioner before the learned Bihar Land Tribunal, Patna within a period of four weeks from today with a certified copy of the present order and it is found that it has become barred by limitation and if a petition is filed on behalf of the petitioner for condonation of such delay, then the learned Bihar Land Tribunal, Patna shall take into consideration that on a bona fide legal advice, the present writ petition was filed on 06.07.2011 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Tahir/- U