Jaynath Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14256 of 2023 ====================================================== Jaynath Manjhi S/o Late Narayan Manjhi, Resident of Village- Barbana, P.O.- Dighwara, P.S.- Dighwara, District- Chapra (Saran). ... ... Petitioner/s

Versus

1.

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

The Additional Chief Secretary Cum Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna. 3.

The Divisional Commissioner, Saran.

4.

The District Magistrate, Cum Collector, Saran, Chapra. 5.

The Circle Officer Dighbara, District- Chapra, Saran. 6.

The Sub-Divisional Officer Sonepur, Saran, District- Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dheeraj Kumar , Advocate For the Respondent/s :

Mr. Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-01-2024 Heard the learned counsel for the parties.

2. This writ application has been filed for the following reliefs:- (A) A writ of Certiorari for quashing the report contained in letter No. 1009 dated 19-12-19 (Annexure-10) of Anchal Adhikari Dighwara, Saran and order dated 25-05-2023 (Annexure-11) passed in Miscellaneous Case No. 10/2019

Patna High Court CWJC No.14256 of 2023(2) dt.03-01-2024 2/3 passed by the Collector, Saran at Chapra.

(B) A writ of mandamus commanding the respondent authority for issuance of Purcha/permanent settlement with the respect of Gairmazarua land village- Dighwara, Thana No. 140 bearing Plot No. 3110 and 3111 under Khata No. 517 measuring and area 2 bigha 12 Katha to the petitioner.

3. At the very outset, learned counsel for the State appears and raises preliminary objection to the fact that petitioner has got statutory alternative remedy of making application before Bihar Land Tribunal against the order which are impugned.

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

5. In the aforesaid facts and circumstances of the case, this writ application is disposed of with an observation that petitioner is at liberty to move before the competent authority which may be available to him in accordance with law.

6. It is made clear that petitioner approaches the appropriate forum, the concerned authority/forum would have regard to the present proceeding being pursued by the petitioner, while considering any issue relating to condoning of delay, if

Patna High Court CWJC No.14256 of 2023(2) dt.03-01-2024 3/3 applicable.

7. Accordingly, this writ application stands disposed of.

(Prabhat Kumar Singh, J) Koushik/- U