Patna High CourtCWJC/2920/2014dismissed

Md. Tahiro And ORS v. The State Of Bihar And ORS

2016-05-17Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2920 of 2014 ======================================================

1. Md. Tahiro

2. Md. Fero

3. Md. Khairo All Sons of Late Tafazul, Resident of Village - Sharma Toli, P.S. Terhagachh, District - Kishanganj .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Sub Divisional Officer, Kishanganj, District - Kishanganj

3. The Circle Officer, Terhagachh Anchal, Terhagachh, District - Kishanganj

4. Jahiruddin, Son of Md. Jharu, Resident of Village - Fulbari, P.S. Terhagachh, District - Kishanganj .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amal Kumar Sinha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 17-05-2016 The petitioners are aggrieved by the order dated 18.09.2013 passed in Appeal Case No.20 of 2012 by the respondent Sub-Divisional Officer, Kishanganj, as contained in Annexure-5 to the writ petition, whereby the aforesaid appeal filed on behalf of the respondent no.4 under Section 48-D of the B.T. Act has been allowed and the order passed by the Circle Officer, Terhagachh in favour of the petitioners has been set aside and reversed by passing a long and reasoned order. In the considered opinion of this Court, 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

Patna High Court CWJC No.2920 of 2014 (3) dt.17-05-2016 is dismissed, but a 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 in the present proceeding. (Birendra Prasad Verma, J) Arvind/- U