Chanda Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7184 of 2014 ====================================================== Chanda Devi, D/o Late Mahendra Rai, Resident of Village - Bidupur, P.S. - Bidupur, District - Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The D.M. Vaishali.

3. The D.C.L.R. Vaishali (Hazipur).

4. The S.D.O. Hazipur (Vaishali).

5. The C.O. Hazipur (Vaishali)

6. The Commissioner, Tirhut Pramandal, Muzaffarpur.

7. The Principal Secretary, Revenue and Land Reform Department of Bihar Patna.

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

For the Petitioner/s : None For the Respondent/s : Mr. Nasrul Hoda Khan, SC-1 Mr.Md.Harun Quareshi, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 16-08-2016 Despite repeated calls, none appears on behalf of the petitioner in support of the present writ petition, though the name of the learned counsel appearing on her behalf is printed in the daily cause list.

The learned AC to SC-1 appearing on behalf of the respondents submits that the petitioner has prayed for a direction for mutation of certain lands in her favour, but she has not filed any petition before the prescribed authority for grant of appropriate relief or for mutation of her name in the revenue records, and has straightaway approached this Court in the present proceeding. Therefore, the writ petition is liable to be dismissed. After having heard the learned State counsel and on going through the materials available on the record, this Court is of the opinion that for grant of appropriate relief(s) with respect to

Patna High Court CWJC No.7184 of 2014 (2) dt.16-08-2016 the lands claimed by the petitioner, she must approach the prescribed authority, and only in case of non-consideration of her claim or rejection of such claim, she may approach the appellate authority or the revisional authority, as the case may be, and thereafter she may approach this Court, if her grievances are not redressed.

In above view of the matter, the present writ petition is dismissed, but a liberty is granted to the petitioner to approach the prescribed statutory authority for grant of appropriate relief(s) with respect to the lands claimed by her.

If such a petition is filed on behalf of the petitioner, then the same shall be considered and decided on its own merits, without being prejudiced by the present order. (Birendra Prasad Verma, J) Arvind/- U