Ram Shankar Singh And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13059 of 2010 ======================================================

1. Ram Shankar Singh, S/O Late Basawan Singh

2. Pratibha Sinha @ Pramita Devi, W/O Ram Shankar Singh Both R/O Vill.- Rajkhand, P.S.-Katra, Dist.-Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Director, Consolidation, Bihar,Patna.

3. The Joint Director, Consolidation, Tirhut Division, Muzaffarpur.

4. The Deputy Director, Consolidation, Tirhut Division, Muzaffarpur.

5. The Consolidation Officer, Aurai, Dist.-Muzaffarpur.

6. Ram Snehi Singh, S/O Late Mahadeo Singh

7. Anil Singh, S/O Ram Snehi Singh

8. Shyam Kishore Singh S/O Late Basawan Singh All R/O Vill & P.O.-Rajkhand, P.S.-Katra, Dist.-Muzaffarpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Uma Kant Shukla Mr. Vijay Kumar Singh For the Respondent nos.1to5: Mr. Ranjan Kumar, AC to AAG-IV For the Respondent nos.6&7: Mr.A.K.Singh, Sr.Adv. Mr.S.S. Mishra For the respondent no.8 : Mr.Manish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 31-08-2015 The petitioners are aggrieved by the order dated 03.05.2010 (Annexure-4) passed in Revision Case No.69 of 2009 by the learned Joint Director of Consolidation-cum-Additional Collector, Muzaffarpur in exercise of the powers under Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956.

In the considered opinion of this Court, the petitioners have 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

Patna High Court CWJC No.13059 of 2010 (13) dt.31-08-2015 is dismissed. However, the petitioners shall be at liberty to approach the learned Bihar Land Tribunal, Patna for grant of appropriate relief(s).

If any petition is filed on behalf of the petitioners before the learned Bihar Land Tribunal, Patna within a period of one month from today and, if it is found that it has become barred by limitation and, if any petition is filed on behalf of the petitioners for condonation of such delay, the learned Bihar Land Tribunal, Patna shall take into consideration that on a bonafide legal advice the present writ petition was filed on 11.08.2010 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U