Patna High CourtCWJC/21707/2014dismissed

Baikunth Sah v. The State Of Bihar And ORS

2016-11-28Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21707 of 2014 ====================================================== Baikunth Sah S/o Late Vikash Sah, Presently residing at Dharnidhar, Road in front of Gupta Niwas in the house of Manoj Sinha, District Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Revenue and land Reform, Government of Bihar, Patna.

2. The District Magistrate, Aurangabad.

3. The Additional Collector, Aurangabad.

4. The Land Reforms Deputy Collctor, Aurangabad.

5. The Circle Officer, Circle Aurangabad, Aurangabad.

6. Rajendra Prasad

7. Raghubeer Prasad

8. Vishnu Prasad

9. Surendra Prasad, All S/o Late Ram Kripal Ram Resident of Mohalla Police Line, Karma Road, Aurangabad.

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

For the Petitioner/s : None.

For the Respondent Nos. 1 to 5 : Mr. AC to SC-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 28-11-2016 The petitioner has filed the present writ petition questioning the validity and correctness of the order and communication dated 16.7.2014 passed by the respondent Circle Officer, Aurangabad, whereby the prayer of the petitioner for mutation of his name with respect to the lands in question has been rejected.

Despite repeated calls, none appears on behalf of the petitioner in support of the present writ petition, though the name of the learned counsel appearing on his behalf is printed in the daily cause list.

The learned AC to SC-18 appearing on behalf of the respondent nos. 1 to 5, on the other hand, submits that the order impugned passed by the respondent Circle Officer, Aurangabad is

Patna High Court CWJC No.21707 of 2014 (2) dt.28-11-2016 2/2 appealable and revisable under the provisions of The Bihar Land Mutation Act, 2011. Therefore, according to him, the writ petition, at this stage, is not maintainable and is fit to be dismissed. The submissions made by the learned AC to SC-18 appear to be correct.

In above view of the matter, the present writ petition is dismissed, but a liberty is granted to the petitioner to approach the statutory authorities for redressal of his valid grievances with respect to the lands in question.

(Birendra Prasad Verma, J) BTiwary/- U