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Patna High CourtCWJC/15729/2019disposed

Sikandar Mochi @ Sikendra Mochi v. The State Of Bihar

2019-08-02Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15729 of 2019 ====================================================== Sikandar Mochi @ Sikendra Mochi Son of Late Lakhan Mochi Resident of Village- Sabalpur, Police Station- Morkahi, District- Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Reforms Department, Government of Bihar, Patna.

2.

The District Magistrate, Khagaria.

3.

The Circle Officer, Khagaria Sadar.

4.

Ravin Ram S/o Late Rajendra Mochi Resident of Village- Sabalpur, Police Station- Morkahi, District- Khagaria.

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

For the Petitioner/s :

Mr.Binod Pd. Singh For the Respondent/s :

Mr.Raj Kishore Roy (GP-18) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-08-2019 Heard.

An order dated 05.062018, passed by the District Magistrate, Khagaria in Basgit Parcha Appeal Case No. 01 of 2018-19 has been challenged in the present writ application. It is evident that the said Basgit Parcha Appeal Case No. 01 of 2018-19 had arisen out of a proceeding under Bihar Privileged Persons Homestead Tenancy Act, 1947. The petitioner has, thus, remedy under the Bihar Land Tribunal Act, 2009 to assail the impugned order, if the said order is final under the provisions of the Act.

This writ application is disposed of with an

Patna High Court CWJC No.15729 of 2019(2) dt.02-08-2019 2/2 observation that the petitioner shall be at liberty to question the legality of the impugned order before the Bihar Land Tribunal, by making an application. If any application is made within one month from today, with an application for condonation of delay, the Court expects that the Tribunal will consider the question of condonation of delay liberally, keeping in mind the fact that the petitioner was pursuing his remedy before this Court by way of the present writ application.

(Chakradhari Sharan Singh, J) HR/- U