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Patna High CourtCWJC/1048/2012dismissed

Radha Devi And ORS v. The State Of Bihar And ORS

2015-09-15Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1048 of 2012 ======================================================

1. Radha Devi, Daughter Of Late Churia Devi

2. Geeta Devi, Daughter Of Late Churia Devi

3. Kartik Prasad Sah, Son Of Lakhi Sah All Resident Of Village - Alangpar, P.S.- Sabour, District - Bhagalpur

4. Gayatri Devi, Wife Of Late Ganesh Sah

5. Kailash Sah, Son Of Harlal Sah Both Resident Of Village - Olpura, P.S. - Sanhaula, District -Bhagalpur .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Hon'Ble Minister, Revenue and Land Reforms Department Government of Bihar, Patna

3. The Collector Bhagalpur, District -Bhagalpur

4. The Additional Collector Ceiling Bhagalpur, District Bhagalpur

5. The Deputy Collector Land Reforms Bhagalpur, District - Bhagalpur

6. The Circle Officer, Sanhaula Block, Bhagalpur, District Bhagalpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar Gupta Mr.Rajiv Ranjan For the Respondent/s : Mr. Yogendra Pd. Sinha, AAG-15 Mr.Shankar Kumar, AC to AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 15-09-2015 The petitioners are aggrieved by the order dated 31.05.2011 (Annexure-14) passed in Misc.Case No.01 of 2009-10 by the respondent no.2, whereby the prayer for reopening of the Land Ceiling Case in exercise of powers under Section 45B of The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 has been rejected.

In the considered opinion of this Court against the order impugned, the petitioners have an alternative and 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.1048 of 2012 (3) dt.15-09-2015 In above view of the matter, the present writ petition is dismissed with a liberty to the petitioners to approach the learned Bihar Land Tribunal, Patna for grant of appropriate relief(s) with respect to the lands under dispute. (Birendra Prasad Verma, J) Arvind/- U