Jay Mangal Baidya And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7938 of 2011 ======================================================
1. Jay Mangal Baidya son of Late Bhagwat Baidya, resident of village Bhideha, P.O. Raniganj, P.S.Imamganj, District Gaya
2. Abu Bakar Khan @ Lakhi Khan son of Late Hasnat Ahmad Khan, resident of village Lawa Bar P.O. Barakala, P.S.Kothi, District Gaya .... .... Petitioner/s
Versus
1. The State of Bihar
2. The State of Bihar through Collector, Gaya
3. Anchal Adhikari, Imamganj, District Gaya
4. Om Satyam Trivedi son of Uma Shankar Tiwary
5. Hira Lal Pandey son of Late Jamuna Pandey Both are resident of Village & P.O. Raniganj, District Gaya
6. Brhamdeo Prasad
7. Kapildeo Prasad Both sons of Mahavir Prasad, resident of village Nagma, P.O. Raniganj, P.S.Imamganj, District Gaya
8. Tetu Prasad son of Congress Bharati, resident of village Kishunichak, P.O.Raniganj, P.S.Imamganj, District Gaya
9. Shyam Sundar Gupta son of Late Bachan Sah
10. Naresh Tiwary son of Late Ram Awtar Tiowary
11. Krishna Mohan Tiwary son of Late Ram Kishore Tiwary Respondent nos. 9 to 11 are resident of village Panda Bigha, P.S.Imanganj, District Gaya
12. Ambuj Baidya son of not known, resident of village Vidha, P.O.Raniganj, P.S.Imamganj, District Gaya
13. Joint Director,Chakbandi, Gaya .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : None For the Respondent Nos.1 to 3 & 13 : Mr. Mahendra Prasad Verma, AC to SC 13 For the Respondent Nos. 4 to 11 : Mr.Subhash Chandra Bose, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 09-02-2016 The petitioners are aggrieved by the order dated 27.12.2010 passed in Consolidation Revision Case No. 20 of 2010 by the respondent Joint Director of Consolidation, Magadh Division, Gaya, as contained in Annexure-9 to the writ petition, whereby and whereunder the aforesaid revision application filed on behalf of the private respondents has been allowed and the
Patna High Court CWJC No.7938 of 2011 (4) dt.09-02-2016 2/2 lands in question have been directed to be recorded in the name of the State of Bihar.
None appears on behalf of the petitioners in support of the present writ petition though, the names of the learned counsel appearing on behalf of the petitioners are printed in the daily cause list.
The learned counsel appearing on behalf of the respondent nos. 4 to 11 at the very threshold submitted that the present writ petition is liable to be dismissed on the ground of availability of an alternative remedy to the petitioners before the learned Bihar Land Tribunal, Patna.
Taking into consideration the submissions made by the learned counsel appearing on behalf of the respondent nos. 4 to 11, this Court is of the opinion that against the order impugned, the petitioners have an alternative and equally 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 the liberty is granted to the petitioners 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.
(Birendra Prasad Verma, J) Tahir/- U