Srimati Navanit Devi And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21619 of 2013 ======================================================

1. Srimati Navanit Devi W/O Ajay Kumar Nirala, Resident of VillageKhiri, P.S- Atari, District- Gaya.

2. Srimati Kunti Devi W/O Sri Ram Roop Prasad, Resident of VillageTetwa, P.S- Atari, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate, Gaya.;

2. The District Magistrate, Gaya.

3. The Deputy Collector Land Reforms, Sadar Gaya, District- Gaya.

4. Srimati Devmanti Devi W/O Sri Birju Lal, Resident of VillageSultanpur, Tola Manheta Bigha,P.S- Makdumpur, District- Jehanabad.

5. Sanjay Sao S/O Late Shivshankar Sao, Resident of Mohalla- Janakpur, P.S- Mufassil, District- Gaya.

6. Nand Kishore Sao S/O Late Chhotan Sao, Resident of Mohalla Janakpur, P.S- Mufasil, District- Gaya.

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

For the Petitioner/s : Mr. Sanjeet Kumar For the Respondent No. 1 to 3 : Mrs. Nutan Sharma, AC to G.A.-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 18-12-2015 Heard the parties.

The petitioners are aggrieved by the order dated 15.07.2013 passed in Bihar Land Dispute Resolution Case No. 215 of 2012-13, by the respondent D.C.L.R., Sadar, Gaya, as contained in Annexure-1, whereby the aforesaid petition filed on behalf of the respondent no.4 has been allowed. In the considered opinion of this Court, against the order impugned, the petitioners have an alternative and equally efficacious remedy before the appellate authority as provided under Section 14 of The Bihar Land Disputes Resolution Act, 2009.

In above view of the matter, the writ petition is dismissed, but a liberty is granted to the petitioners to approach the appellate authority for grant of appropriate relief(s) with

Patna High Court CWJC No.21619 of 2013 (3) dt.18-12-2015 2/2 respect to the lands in question as also with respect to the order impugned.

If such an appeal is filed on behalf of the petitioners within a period of three weeks from today with a certified copy of the present order and if it is found to have become barred by limitation and if any petition is filed on behalf of the petitioners for condonation of such delay, then the appellate authority shall take into consideration that on a bonafide legal advice, the present writ petition was filed before this Court on 28.10.2013 and that remained pending till date.

(Birendra Prasad Verma, J) BTiwary/- U