Vindhyachal Pd. Chauhan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14978 of 2012 ====================================================== Vindhyachal Pd. Chauhan S/O Late Singhasan Chauhan R/O VillagePatakhauli, P.O.- Musahari Bazar, Via- Bhorey, P.S. and Circle- Vijayipur, District- Gopalganj ... ... Petitioner

Versus

1.

The State Of Bihar Government Of Bihar, Old Secretariat, Patna 2.

The Principal Secretary Departmental Revenue And Land Reforms, Govt. Of Bihar, Old Secretariat, Patna 3.

The Collector, Gopalganj, District- Gopalganj 4.

The Additional Collector, Gopalganj, District- Gopalganj 5.

The Deputy Collector, Land Reforms, Hathua, District- Gopalganj 6.

The Sub-Divisional Officer, Hathua, Sub-Division, Hathua, DistrictGopalganj 7.

The Circle Officer, Vijayipur Block, Circle And P.S.- Vijayipur, DistrictGopalganj 8.

Sri Kant Chauhan S/O Late Nagu Chauhan R/O Village- Sudama Chak, P.S.- Vijayipur, District-Gopalganj 9.

Ramchandra Chauhan S/O Late Shravan Chauhan R/O Village- Sudama Chak, P.S.- Vijayipur, District-Gopalganj 10.

Ramdahin Chauhan S/O Late Kukur Chauhan R/O Village- Sudama Chak, P.S.- Vijayipur, District-Gopalganj 11.

Gulayichi Devi W/O Late Arati Chauhan R/O Village- Kawala Chak, P.S.- Vijayipur, District- Gopalganj ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. W. Rahman Mr. Rohit Kumar For the Respondent/s :

Mr.Ajay Bihari Sinha, GA-8 Mr. Suryakant Kumar, AC to GA-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-07-2019 This writ application has been filed seeking direction to the respondents to make necessary correction of Jamabandi and in records of right.

On perusal of the pleadings on record, it transpires

Patna High Court CWJC No.14978 of 2012(6) dt.22-07-2019 2/2 that, according to the petitioner, the lands, which are subject matter of dispute, have been occupied by respondents No. 8 to

11. The petitioner is seeking direction to respondents No. 8 to 11 to hand over the possession of the land in question to the petitioner.

The dispute, which have been raised in the present writ application, cannot be adjudicated upon in a proceeding under Article 226 of the Constitution of India. The petitioner has remedy under the provisions of Bihar Land Mutation Act, 2011, or in filing the civil suit before a civil Court of competent jurisdiction.

In view of the above, this writ application is disposed of with an observation that if the petitioner makes an application under the Bihar Land Mutation Act, the same shall be considered and disposed of in accordance with law within the time frame prescribed under the Act itself. The petitioner shall have liberty, at the same time, to file a suit before civil Court of competent jurisdiction, if any dispute in respect of share or title over the land is found to be involved.

This writ application is disposed of.

(Chakradhari Sharan Singh, J) Pawan/- U