Ramjanam Ray @ Ram Janam Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12500 of 2024 ====================================================== Ramjanam Ray @ Ram Janam Ray S/o Late Bharat Ray, Resident of VillageMahuli Hariramdas @ Kalyanpur, P.S. Hathauri, Anchal-Bochaha, DistrictMuzaffarpur, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary Land Reform, Government of Bihar, Patna. 3.

The District Collector, Muzaffarpur.

4.

The Deputy Collector Land Reform, Muzaffarpur. 5.

The Anchal Adhikari, Bochaha, District-Muzaffarpur. 6.

Ram Bhawan Ray, son of Late Bhagirath Ray, resident of Village Jaganiya, P.S.-Gaighat, District-Muzaffarpur, Bihar.

7.

Shambhu Ray, son of Late Bhagirath Ray, resident of Village Jaganiya, P.S.- Gaighat, District-Muzaffarpur, Bihar.

8.

Sakaldeo Ray, S/o Late Amandeo Ray, resident of Village Jaganiya, P.S.- Gaighat, District-Muzaffarpur, Bihar.

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Respondent/s :

Mr. Standing Counsel (24) ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 03-09-2024 Heard learned counsel for the petitioner and learned counsel for the State.

The present writ application has been filed for the following relief/s:- " (i) A direction may be given to the respondent no. 5 i.e. the Anchal Adhikari, Bochaha, Muzaffarpur for mutation of the land of khata no. 41 K,

Patna High Court CWJC No.12500 of 2024 dt.03-09-2024 2/3 R.S. Khesra no. 272 an area about 4.5 decimals of Mauza Mahuli Hariramdas @ Kalyanpur Revenue Thana No. 605, Anchal Bochaha, District- Muzaffarpur in the light of the order dated 9.1.2023 passed in Mutation Appeal No. 317/ 2021 (Ramajanam Ray versus Bhawan Ray & Others) by the learned Deputy Collector Land Reform East Muzaffarpur in which the learned DCLR directed the Anchal Adhikari, Bochaha for mutation of the said land after stating aside the order of the Anchal Adhikari in Mutation Case No.

2392 R 27/ 2021-22 in which the mutation application was dismissed by the Anchal Adhikari Bochaha, Muzaffarpur.

(ii) And any other relief/ reliefs may be granted to the petitioner as per the law of the land."

3.

At the outset, learned counsel for the State submits that the petitioner is having an alternative remedy by way of filing appeal before the Deputy Collector Land Reform of the concerned district under Section 7 of the Bihar Land Mutation Act, 2011.

4.

Considering the fact that the petitioner is having an

Patna High Court CWJC No.12500 of 2024 dt.03-09-2024 3/3 alternative remedy, the petitioner is directed to file appeal along with the copy of this order before the concerned Deputy Collector Land Reforms as per the provisions of Section 7 of the Bihar Land Mutation Act, 2011 within a period of four weeks along with application of condonation of delay in filing the appeal and the concerned Deputy Collector Land Reforms, after considering the fact that the petitioner was pursuing his remedy before this Court, will condone the delay and dispose of the same in accordance with law.

5.

With the aforesaid observation/direction, the present writ application stands disposed of.

(Rudra Prakash Mishra, J) Raj Kishore/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 03-09-2024 Transmission Date N/A