Patna High CourtCWJC/3510/2013dismissed

Ghanshyam Thakur v. The State Of Bihar And ORS

2015-11-03Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3510 of 2013 ====================================================== Ghanshyam Thakur, S/O Late Dev Nandan Thakur, Resident Of Village - Madhubani, Post Office - Sadar, Police Station - Sadar, District - Muzaffarpur .... .... Petitioner/s

Versus

1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna

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

3. The Collector cum District Magistrate, Muzaffarpur

4. The Additional Collector, Muzaffarpur

5. The Deputy Collector, Land Reforms, Muzaffarpur East, Muzaffarpur

6. The Circle Officer, Mushahari, Muzaffarpur

7. The Circle Inspector, Mushahari, Muzaffarpur

8. The Revenue Karmachari, Madhubani, Mushahari, Muzaffarpur

9. Mr. Sarbeshwar Nath Thakur, S/O Late Balram Thakur, Resident Of Village - Mahdubani, Post Office - Sadar, Post Office - Sadar, District - Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Navendu Kumar For the Respondent nos.1to8 : Mr. Avnish Nandan Sinha, GP-XI ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 03-11-2015 Heard the parties.

The petitioner is aggrieved by the order dated 22.12.2012 (Annexure-1) passed in Mutation Revision Case No.25/MUT/10-11 by the respondent Additional Collector, Muzaffarpur, whereby the aforesaid mutation revision application filed on behalf of the private respondent no.9 has been allowed and the order passed by the respondent D.C.L.R. has been set aside.

In the considered opinion of this Court against the order impugned, the petitioner has an alternative and efficacious remedy before the learned Bihar Land Tribunal, Patna in view of

Patna High Court CWJC No.3510 of 2013 (3) dt.03-11-2015 the provisions contained in Section 9 of the Bihar Land Tribunal Act, 2009.

In above view of the matter, the present writ petition is dismissed with a liberty 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 in the present proceeding.

(Birendra Prasad Verma, J) Arvind/- U