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Patna High CourtCWJC/14363/2025disposed

Janki Devi v. The State Of Bihar

2025-09-11Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14363 of 2025 ====================================================== Janki Devi, Wife of Shri Munna Kumar, Resident of Village-Kathalwari, P.O.- Lalbagh, P.S.-L.N.M.U. Campus Darbhanga, District- Darbhagna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Commissioner, Darbhanga.

3.

The Collector, District -Darbhanga.

4.

The Deputy Collector Land Reforms, Darbhanga. 5.

The Circle Officer (C.O.), Darbhanga, District -Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar, Adv.

For the Respondent/s :

Mr. Dhurendra Kumar, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-09-2025 The instant application has been filed under Article 226 of the Constitution of India by the petitioner praying for the following relief(s):

1. That the petitioner craves indulgence of this Hon'ble Court for issuance of an appropriate writ in the nature of MANDAMUS or any other writ(s), order(s), direction(s), command(s) for directing the respondents:- (i) to comply the order dated 29.05.2009 passed in case no.279/2008 by Shri R.N. Chaudhary (U/S 106 of B.T. Act) by which land of the Holkeshwar Das which wrongly shown as "Anabad Bihar Sarkar" was directed to revert in name of Holkeshwar Das, by which the petitioner has purchased the land in question appertaining to Mauza-Beladullaha, Thana no. 513, Khesra (new) no. 250, Khata no. (new)- 296, (old)- 354 Area-5.66 Decimal which land is in possession of the petitioner by

Patna High Court CWJC No.14363 of 2025(3) dt.11-09-2025 2/3 Title vide Sale Deed dated 29.03.2012 in the name of the petitioner.

(ii) To issuance of an appropriate writ in the nature of Certiorari to direct the respondent to set aside the order dated 03.01.2025 passed by the DCLR, Darbhanga by which application of the petitioner was rejected. AND set aside the order dated 11.12.2023 passed in Mutation Case no. 4636 R27/2023-2024 passed by C.O. Sadar, Darbhanga."

2. Heard Mr. Amit Kumar, learned counsel appearing for the petitioner and Mr. Dhurendra Kumar, learned counsel appearing for the State/respondents.

3. The first grievance of the petitioner is that the order dated 29.05.2009 passed in the Case No. 279 of 2008, under Section 106 of the B.T. Act has not been complied with till date. For redressal of this grievance, the petitioner has specific efficacious remedy under the B.T. Act. So far as the second grievance of the petitioner is concerned, the petitioner has specific remedy to challenge the D.C.L.R. order passed under the Bihar Land Mutation Act, 2011, under the Bihar Land Tribunal Act, 2009 or under Section 8 of the Bihar Land Mutation Act, 2011 and without availing these remedies the petitioner has directly approached this court. This court is not persuaded to exercise the writ jurisdiction to redress the petitioner's grievances in view of the availability of aforesaid

Patna High Court CWJC No.14363 of 2025(3) dt.11-09-2025 3/3 efficacious alternative remedies to the petitioner.

4. Accordingly, the instant writ petition stands disposed of with giving the petitioner liberty to avail the aforesaid alternative remedies.

(Shailendra Singh, J) Rajiv/- U