Indradeo Singh @ Indrev Singh And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22616 of 2018 ====================================================== 1.
Indradeo Singh @ Indrev Singh 2.
Rajeshwar Prasad Singh 3.
Birenbdra Singh 4.
Vishambhar Prasad Singh All sons of Late Yadunandan Singh 5.
Chunno Singh Son of Late Kapildeo Singh All are Resident of VillageJagatpur Chaumukha,P.O.-Chaumukha,P.S. Basantpur,Distt.-Siwan ... ... Petitioners
Versus
1.
The State Of Bihar 2.
The D.C.L.R.,Siwan 3.
TheCircle Officer,Siwan 4.
Surendra Singh Son of Late Kshinath Singh 5.
Kameshwar Singh Son of Late Brahma Singh 6.
Om Prakash Singh Son of Late Pathal Singh 7.
Binay Kumar Singh Sonof Late Dinanath Singh 8.
Pankaj Singh Sonof Later Dinanath Singh 9.
Mithlesh Singh Sonof LateMokhtar Singh 10.
Dhurandhar Singh Sonof Late Bhawani Singh All 4 to 10 are Resident of Village- and P.O.-Jagatpur Chaumukha,P.S. Basantpur,Anchal Lakdi Nabiganj,Distt.-Siwan 11.
Baleshwar Singh sons of Late Yadunandan Singh 12.
Rabindra Singh Son of Late Kapildeo Rai 13.
Om Prakash Singh Son of Late Kapildeo Rai 14.
Tuntun Singh Son of late Kapildeo Singh All 4 to 10 are Resident of Villageand P.O.-Jagatpur Chaumukha,P.S. Basantpur,Anchal Lakdi Nabiganj,Distt.- Siwan ... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr.Arbind Kumar Singh For the Respondent/s :
Mr.Sajid Salim Khan- Sc25 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-07-2019 An order, dated 26.10.2018, passed by the learned Additional Collector, Siwan, in Jamabandi Cancellation Case
Patna High Court CWJC No.22616 of 2018(2) dt.18-07-2019 2/3 No. 27 of 2018-19, is under challenge in the present writ application. The said order has been passed apparently under Section 9 of the Bihar Land Mutation Act, 2011. Section 9(6)(a) of the Act provides for an appeal against the order of the Additional Collector before the Collector within 30 days of the order. The impugned order is dated 26.10.2018. In the facts and circumstances of the case, this application is disposed of with a liberty to the petitioner to prefer appeal under Section 9(6)(a) of the Act. Clause (b) of sub-Section (6) of Section 9 of the Act authorizes the Collector to condone the delay in filing the appeal in appropriate cases, if sufficient reasons are shown for the delay. In such view of the matter, it is observed that if the petitioner makes an application for condonation of delay, the Collector will consider the same liberally, keeping in mind the fact that the petitioner was pursuing his remedy before this Court by filing the present writ application.
Learned counsel appearing on behalf of the petitioner has submitted that there are certain typographical errors in the petition inasmuch as in place of 'Additional Collector', 'Deputy Collector Land Reforms' have been typed. However, considering the nature of order, which I have passed, no formal
Patna High Court CWJC No.22616 of 2018(2) dt.18-07-2019 3/3 rectification in the petition is required.
This application stands disposed of.
(Chakradhari Sharan Singh, J) Pawan/- U