Rajendra Narayan Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16844 of 2015 ====================================================== Rajendra Narayan Das, Son of Late Mahendra Narayan Das, resident of Village- Rampur Balour, P.S. and Anchal Manigachhi, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar through Secretary, Land and Revenue, Government of Bihar, Patna.

2. Deputy Collector Land Reforms, Darbhanga.

3. Anchal Adhikari, Manigachhi, Darbhanga.

4. Parmeshwar Mandal, Son of Late Buchan Mandal.

5. Mahesh Mandal, Son of Late Ram Khelawan Mandal

6. Binod Kumar Mandal.

7. Pramod Kumar Mandal Both are sons of Late Kusheshwar Mandal.

All residents of village- Rampur Balaur, P.S. & Anchal Manigachhi, District- Darbhanga.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Mukund, Adv. Mrs. Sanjana, Adv.

For the Respondent nos.1to3 : Mr. U. S. S. Singh, GP-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 29-03-2016 Heard the parties.

The petitioner is aggrieved by the order dated 10.08.2015 passed by the respondent D.C.L.R., Sadar Darbhanga, as contained in Annexure-1 to the writ petition, whereby the petition filed on behalf of the petitioner under the provisions of The Bihar Land Disputes Resolution Act, 2009 (in short 'Act, 2009') for grant of appropriate relief with respect to the lands claimed by him has been dismissed.

In the considered opinion of this Court, against the order impugned, the petitioner has an alternative and equally efficacious remedy before the Divisional Commissioner under Section 14 of the Act, 2009. Against the order passed by the

Patna High Court CWJC No.16844 of 2015 (2) dt.29-03-2016 appellate authority, the aggrieved person will have further remedy before the 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 a liberty is granted to the petitioner to approach the appellate authority for grant of appropriate relief(s) with respect to the lands claimed by him.

If an appropriate petition is filed on behalf of the petitioner within a period of three weeks from today with a certified copy of the present order and, if it is found to have become barred by limitation and, if any petition is filed on behalf of the petitioner for condonation of such delay, then the appellate authority shall take into consideration that on a bonafide legal advice the present writ petition was filed on 15.10.2015 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U