Shiv Lal Sahu And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16217 of 2013 ======================================================

1. Shiv Lal Sahu Son of Late Asharfi Sah, Resident of Village - Basuari Tole Bagraha Behrari, Police Station - Ghoghardiha, District Madhubani

2. Nageshwar Sah Son of Late Asharfi Sah, Resident Of Village - Basuari Tole Bagraha Behrari, Police Station - Ghoghardiha, District Madhubani .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Commissioner, Darbhanga Pramandal, Darbhanga

3. Deputy Collector, Land Reforms, Fulparas, District - Madhubani

4. Circle Officer, Ghoghardiha, District - Madhubani

5. Ram Chandra Sah Son Of Laxmi Sah Resident Of Village - Basuari, Tole Bagraha Behrari, Police Station - Ghoghardiha, District - Madhubani .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogendra Prasad, Adv Mr. Suraj Narayan Yadav, Adv For the State :

Mr. Madhav Prasad Yadav, G.P.-23 Mr. Rajesh Kumar Sinha, A.C to GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-04-2017 The present writ application has been filed for quashing the order dated 18.07.2011 passed by Deputy Collector, Land Reforms, Fulparas in Land Dispute Case No. 21 of 2010-11, whereby the claim made by respondent No. 5 upon the land in dispute has been allowed and the petitioners were directed to vacate the land of respondent No. 5 within fifteen days. Prayer has also been made for quashing the order dated 24.05.2013 passed by the Commissioner, Darbhanga Pramandal, Darbhanga in Land Dispute Appeal No. 51 of 2011-12, whereby the appeal of the petitioners has been dismissed and the order of Deputy Collector,

Patna High Court CWJC No.16217 of 2013 (2) dt.28-04-2017 2/2 Land Reforms, Fulparas dated 18.07.2011 has been upheld. It has been submitted by learned A.C. to G.A-1 that remedy for the petitioners, against the order of the Commissioner should be preferred before the Bihar Land Tribunal.

Accordingly, the writ application is disposed of with liberty to the petitioners to file appeal before the Bihar Land Tribunal within a period of four weeks.

It is expected from the Bihar Land Tribunal to consider the limitation, if any, keeping in view the fact that petitioners were pursuing their remedy before this Court. (Dinesh Kumar Singh, J) Shageer/- U