Sarojani Devi And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10335 of 2011 ======================================================

1. Sarojani Devi, W/O Late Ram Lakhan Rai

2. Naresh Kumar, son of late Ram Lakhan Rai Both R/O Nayatola, Saguna, P.S.- Danapur, Distt.- Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Collector Patna

3. The Additional Collector Patna

4. The Deputy Collector Land Reforms, Danapur, Distt.- Patna

5. Kiran Prasad, S/O Late Ram Rekha Prasad, R/O Nayatola, Saguna, P.S.- Danapur, Distt.- Patna

6. Rajendra Prasad, S/O Late Ram Rekha Prasad, R/O Nayatola, Saguna, P.S.- Danapur, Distt.- Patna

7. Smt.Lalita Devi

8. Deep Shri Proprietor (P) Ltd.

Both R/O Nayatola, Saguna, P.S.- Danapur, Distt.- Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Shekhar Dwivedi, Sr.Adv. Mr.Mahesh Kumar No.2, Advocate Mr.Rewti Kant Raman For the Respondent nos.5&6 : Mr. Vijoy Kumar Prasad Mr.Vijay Kumar Singh Mr.Hemant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 16-09-2015 Heard the parties.

The petitioners are aggrieved by the order dated 17.02.2011 passed in Mutation Revision Case No.63 of 2009-10 by the respondent Additional Collector, Patna, as contained in Annexure-10 to the writ petition, whereby the aforesaid revision application filed on behalf of the petitioners has been dismissed and the order dated 20.02.2010 (Annexure-9) passed by the respondent D.C.L.R., Danapur in Misc. Case No.6 of 2003-04 has been affirmed.

In the considered opinion of this Court against the

Patna High Court CWJC No.10335 of 2011 (9) dt.16-09-2015 order impugned, 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, learned senior counsel appearing on behalf of the petitioners, in presence of learned counsel appearing on behalf of the respondents, seeks permission to withdraw the present writ petition with a liberty to approach the learned Bihar Land Tribunal, Patna for grant of appropriate relief(s) with respect to the lands under dispute. Permission is accorded.

The writ petition stands dismissed as withdrawn with the liberty aforesaid.

The parties shall be at liberty to raise all the issues of facts and law with respect to the lands under dispute, which may be available to them, before the learned Bihar Land Tribunal, Patna.

(Birendra Prasad Verma, J) Arvind/- U