Patna High CourtCWJC/20822/2012dismissed

Baleshwar Bishwas @ Yugal Biswas v. The State Of Bihar And ORS

2016-02-03Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20822 of 2012 ====================================================== Baleshwar Bishwas @ Yugal Kishore Biswas S/O Late Kusum Lal Biswas Resident of Pothia, P.O. Mainahat, Police Station Plasi, District Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sub Divisional Officer, Araria.

3. Circle Officer, Plasi, District Araria.

4. Sk. Abul S/O Late Sk. Hanif, Resident of Village Danga, Police Station Plasi, District Araria.

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

For the Petitioner/s : Mr. Khalid Ahsan For the Respondent No.1 to 3 : Mr. Rajiv Roy, GP-5 Mr. Suresh Kumar, AC to GP-5 For the Respondent No.4 : Mr. Manish Kumar Md. Ziaul Quamar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 03-02-2016 The petitioner is aggrieved by the order dated 04.09.2012 passed in Appeal Case No. 144 of 1997-98 by the respondent S.D.O., Araria, as contained in Annexure-1, whereby the aforesaid appeal preferred on behalf of the petitioner against the order dated 09.07.1997 passed in Case No. 93 of 1996-97 by the respondent Anchal Adhikari, Palasi in terms of Section 48D of The Bihar Tenancy Act, 1885 ( In short 'B.T.

Act) has been dismissed and the order passed by the respondent Anchal Adhikari, allowing the claim of the private respondents under Section 48D of the B.T. Act, has been affirmed. In the considered opinion of this Court, against the order impugned, the petitioner has 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.

Patna High Court CWJC No.20822 of 2012 (4) dt.03-02-2016 2/2 In above view of the matter, the writ petition is dismissed, but a liberty is granted to the petitioner 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.

(Birendra Prasad Verma, J) BTiwary/- U