← Library
Patna High CourtCWJC/14202/2019disposed

Yogendra Prasad @ Yogendra Thakur, v. The State Of Bihar.

2019-07-26Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14202 of 2019 ====================================================== Yogendra Prasad @ Yogendra Thakur, Son of Late Ramlochan Thakur, resident of Village- Harpur, Tola Bathna, P.O. Birwa, P.S.- Majhaulia, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

District Magistrate, West Champaran at Bettiah. 4.

Sub. Division Officer, Bettiah, District- West Champaran. 5.

Circle Officer, Majhaulia Anchal, District- West Champaran. 6.

Circle Inspector, Majhaulia Anchal, District- West Champaran. 7.

Halka Karamchari, Mauza Harpur, Majhaulia Anchal, District- West Champaran.

8.

Mangani Ram, Son of Bishuni Ram, resident of Harpur, Tola Bathna, P.O. Birwa, P.S. Majhaulia, District- West Champaran. 9.

Rajendra Ram, Son of Bishuni Ram, resident of Harpur, Tola Bathna, P.O. Birwa, P.S. Majhaulia, District- West Champaran. 10.

Pujan Ram, Son of Buni Lal Ram, resident of Harpur, Tola Bathna, P.O. Birwa, P.S. Majhaulia, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Respondent/s :

Mr.Md.Khurshid Alam (AAG-12) Mr. Fakhruddin Ali Ahmad, AC to AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-07-2019 Heard the learned counsel for the parties.

An order dated 30.03.2019, passed in Case No.RM48/2014-15 is under challenge in the present writ application. The said order has apparently been passed under the provisions of the Bihar Privileged Persons Homestead Tenancy Act, 1947

Patna High Court CWJC No.14202 of 2019(3) dt.26-07-2019 2/2 (for short 'the Act'), in the light of a judgment of this Court dated 12.02.2015, passed in CWJC No. 667 of 2015. The petitioner has statutory remedy before the Bihar Land Tribunal, Patna (for short 'the Tribunal') against a final order passed under the provisions of the Act, which he has not done.

This writ application is, thus, disposed of with an observation that the petitioner shall be at liberty to question the correctness of the order dated 30.03.2019 before the Tribunal. The Court expects that the delay in making application against the impugned order should not come in the way of the decision on merit by the Tribunal, as the petitioner was pursuing his remedy before this Court by filing the present writ application. It is observed that if any application for condonation of delay is filed, the same may be considered liberally by the Tribunal.

(Chakradhari Sharan Singh, J) HR/- U