Brij Kishore Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23091 of 2013 ====================================================== Brij Kishore Yadav, S/O Late Jewar Yadav, Resident Of Village+ P.OParamjiwar, P.S- Hathauri, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Collector, Muzaffarpur, District-Muzaffarpur.

3. The Additional Collector, Muzaffarpur.

4. The Deputy Collector Land Reforms Muzaffarpur.

5. The Circle Officer Aurai Muzaffarpur.

6. The Circle Inspector Aurai Muzaffarpur.

7. The Ancal Amin Aurai Muzaffarpur.

8. Ram Dayal Pandey S/O Late Deonandan Pandey Resident Of Village+ P.O- Paramjiwar, P.S- Hathauri, District- Muzaffarpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Mishra, Adv. Chandan Priyadarshi, Adv.

For the Respondent nos.1to7 : Mr. Santosh Kumar, AC to GP-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 22-12-2015 Heard the parties.

The petitioner is aggrieved by the order dated 03.09.2013 passed in Mutation Revision Case No.55/Misc.200405 by the respondent Additional Collector, Muzaffarpur, as contained in Annexure-2, whereby the aforesaid mutation revision case filed on behalf of the respondent no.8 has been allowed with certain directions to the respondent Anchal Adhikari, Aurai with respect to the lands in question.

Evidently, the impugned order has been passed by the revisional authority in exercise of his powers under the provisions of The Bihar Land Mutation Act, 2011.

In the considered opinion of this Court, against the order impugned, the petitioner has an alternative and equally

Patna High Court CWJC No.23091 of 2013 (3) dt.22-12-2015 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.

In above view of the matter, the present 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.

If an appropriate petition is filed on behalf of the petitioner before the learned Bihar Land Tribunal, Patna, then he shall be at liberty to raise all the issues of the facts and law, which may be available to him, with respect to the lands in question. (Birendra Prasad Verma, J) Arvind/- U