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Patna High CourtCWJC/14926/2023disposed

Radheshyam Prasad v. The State Of Bihar

2023-12-15Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14926 of 2023 ====================================================== 1.

Radheshyam Prasad Son of Late Awadh Sah Resident of Village-Bhelwa, Chauradano, Anchal, Post office and Police Station-Chauradano, DistrictEast Champaran. 2.

Rohit Kumar Son of Late Ram Babu Prasad Resident of Village-Bhelwa, Chauradano, Anchal, Post office and Police Station-Chauradano, DistrictEast Champaran. 3.

Raushan Kumar Son of Late Ram Babu Prasad Resident of Village-Bhelwa, Chauradano, Anchal, Post office and Police Station-Chauradano, DistrictEast Champaran. 4.

Pintu Kumar Son of Late Ram Babu Prasad Resident of Village-Bhelwa, Chauradano, Anchal, Post office and Police Station-Chauradano, DistrictEast Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land, Revenue Department, Government of Bihar, New Secretariat, Patna. 2.

The Commissioner, Tirhut Division, District-Muzaffaprur. 3.

The Additional Collector, East Champaran, Post Office-Motihari, Police Station and P.O.District-East Champaran.

4.

The Deputy Collector, Land Reforms, Raxaul, East Champaran, DistrictMotihari. 5.

The Circle Officer, Chauradano, Anchal District-Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Singh, Advocate For the Respondent/s :

Mr. Sajid Salim Khan ( Sc 25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-12-2023 Heard the learned counsel for the parties.

2. This writ application has been filed for quashing the order dated 27.05.2022 passed in Bandobasti Parcha Cancellation Case No. 117 of 2021-22 by the Additional Collector- cum-Additional District Magistsrate, East

Patna High Court CWJC No.14926 of 2023(2) dt.15-12-2023 2/3 Champaran, Motihari whereby and where under Bandobasti Parcha which was granted in favour of Awadh Sah the father and grand father of petitioners vide Anchal Bandobasti Case No. 06 of 1983-84 and Sub Division Bandobasti Case No. 07 of 1983-84 has been cancelled and also the order dated 08.08.2023 issued in the Bandobasti Revision case No. 124 of 2022 by the Commissioner, Tirhut Division, Muzaffarpur, DistrictMuzaffarpur where the revision petition against the order dated 27.05.2022 issued by Additional Collector has been rejected on the ground of maintainability .

3. At the very outset, learned counsel for the State submits that petitioners has statutory alternative remedy of making application before Bihar Land Tribunal against the order which are impugned.

4. Learned counsel for the petitioners does not dispute the above proposition.

5. In the aforesaid facts and circumstances of the case, this writ application is disposed of with liberty to the petitioners to seek remedy before appropriate authority which may be available to him in accordance with law .

6. It goes without saying that if any question of limitation arises before the competent authority, the same shall

Patna High Court CWJC No.14926 of 2023(2) dt.15-12-2023 3/3 be considered, taking into consideration the fact that the petitioners were pursuing the issue before this Court.

7. Accordingly, this writ application stands disposed of. (Prabhat Kumar Singh, J) Koushik/- U