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Patna High CourtCWJC/16167/2021disposed

Mahendra Shah v. The State Of Bihar

2025-09-01Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16167 of 2021 ====================================================== 1.

Mahendra Shah Son of Late Ram Kishun Shah Resident of Village- Bakhri, Ward No.- 9, Police Station- Bakhri, Sub-Division- Bakhri, DistrictBegusarai. 2.

Upendra Shah Son of Late Ram Kishun Shah Resident of Village- Bakhri, Ward No.- 9, Police Station- Bakhri, Sub-Division- Bakhri, DistrictBegusarai. 3.

Shrawan Shah Son of Late Ram Kishun Shah Resident of Village- Bakhri, Ward No.- 9, Police Station- Bakhri, Sub-Division- Bakhri, DistrictBegusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Commissioner, Munger. 2.

The Commissioner, Munger.

3.

The District Magistrate, Begusarai.

4.

The Deputy Collector, Land Reforms, Bakhri, Begusarai. 5.

The Circle Officer, Bakhri, Begusarai.

6.

The Halka Karamchari, Bakhri, Begusarai.

7.

Smt. Munni Devi Wife of Late Rajendra Prasad Shah @ Gangu Shah Resident of Village- Bakhri, Ward No.- 9, Police Station- Bakhri, SubDivision- Bakhri, District- Begusarai. 8.

Vikki Kumar Son of Late Rajendra Prasad Shah @ Gangu Shah Resident of Village- Bakhri, Ward No.- 9, Police Station- Bakhri, Sub-Division- Bakhri, District- Begusarai.

9.

Rikki Kumar Son of Late Rajendra Prasad Shah @ Gangu Shah Resident of Village- Bakhri, Ward No.- 9, Police Station- Bakhri, Sub-Division- Bakhri, District- Begusarai.

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

For the Petitioner/s :

Mr. Pranav Ranjan, Adv.

For the Respondent/s :

Mr.Md. Khurshid Alam, AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-09-2025 Heard both the sides.

2. The petitioners have challenged the order dated 04.02.2020 passed in Vasgit Parcha Appeal Case No. 08/ 2014

Patna High Court CWJC No.16167 of 2021(4) dt.01-09-2025 2/2 by the learned District Magistrate-cum-Collector, Begusarai and the said order has been passed under the Bihar Privileged Persons Homestead Tenancy Act, 1947.

3. During the course of argument, learned counsel for the respondent nos. 1 to 6 submits that the petitioners have specific remedy under the Bihar Land Tribunal Act, 2009 and without availing such remedy the petitioners have directly approached this court.

4. This court finds substance in the aforesaid submission and considering the aforementioned situation, this writ petition stands disposed of with giving the petitioners a liberty to approach the Bihar Land Tribunal for redressal of their grievance against the order dated 04.02.2020 and if the petitioners avail this liberty within next four weeks then the Bihar Land Tribunal shall decide the case of the petitioners on merit as per the provisions of prevalent law and shall not dismiss the same solely on the ground of limitation.

5. Accordingly, this writ petition stands disposed of. (Shailendra Singh, J) BKS/- U