Bishwanath Prasad Saraogi And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14870 of 2013 ======================================================

1. Bishwanath Prasad Saraogi Son of Late Shankar Lal Saraogi, Resident of Jai Hind Cinema Compound, Dehri, P.O. and P.S.- Dehri, DistrictRohtas

2. Hari Jyoti Daughter of Late Sardar Balwant Singh, Resident of Jai Hind Cinema Compound, Dehri, P.O. and P.S.- Dehri, District- Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna

2. The Divisional Commissioner, Patna

3. The District Magistrate-Cum-Collector, Rohtas at Sasaram

4. The Deputy Collector Land Reforms, Dehri, District- Rohtas

5. The Circle Officer, Dehri, District- Rohtas

6. Chandrika Yadav, son of Ram Dahin Singh.

7. Rajeshwar Yadav son of Ramswarup Yadav

8. Satyendra Yadav son of Shivjanam Singh

9. Tapeshwar Yadav son of Bishnu Singh, all four resident of Moh. Pali, P.S. Dehri, P.O. Dalmianagar, Distt. Rohtas (Bihar). .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kishore Prasad For the Respondent No.1 to 5 : Mr. Rajesh Kumar, G.P. 8 For the Respondent No. 6 to 9 : Mr. Rajesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 07-12-2015 Heard the parties.

The petitioners are aggrieved by the order dated 18.12.2012 passed in Land Dispute Resolution Case No. 90 of 2013 by respondent D.C.L.R., Dehri (Rohtas), as contained in Annexure-9, whereby the petition filed on behalf of the petitioners under the provision of The Bihar Land Disputes Resolution Act, 2009 (In short 'Act, 2009') with respect to the lands under dispute has been rejected.

In the considered opinion of this Court, against the impugned order dated 18.12.2012 (Annexure-9), the petitioners have an alternative and equally efficacious remedy before the

Patna High Court CWJC No.14870 of 2013 (4) dt.07-12-2015 2/2 Divisional Commissioner in view of the provisions contained in Section 14 of the Act, 2009.

In above view of the matter, the writ petition is dismissed. However, a liberty is granted to the petitioners to approach the appellate authority for grant of appropriate relief(s) with respect to the lands under dispute as also the order impugned. (Birendra Prasad Verma, J) BTiwary/- U