Ranjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14431 of 2023 ====================================================== Ranjeet Kumar son of Ajay Kumar Prasad, resident of Village-Dorwan Mathia, P.S. Dulhin Bazar, District Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Secretary, Revenue and Land Reforms Department, Bihar, Patna.
2.
The Additional Chief Secretary, Govt. of Bihar, Patna. 3.
The Collector, Patna.
4.
The Additional Collector, Patna.
5.
The Deputy Collector Land Reform, Paliganj, Patna. 6.
The Sub-Divisional Officer, Paliganj, Patna.
7.
The Circle Officer, Dulhin Bazar, District Patna. 8.
I.T. Manager, Revenue and Land Reform Department, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brajesh Kumar Singh, Advocate For the Respondent/s :
Mr. Sajid Salim Khan ( Sc 25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-12-2023 Heard learned counsel for the parties.
2. This writ petition has been filed for the issuance of directions to respondent authorities to correct the Khata Number mentioned in Jamabandi and rent receipt which is recorded in the name of the petitioner according to the Sale Deed dated 23.06.2009 executed by Most. Lagan Devi in favour of the mother of the petitioner namely Smt. Panwasiya Devi as the Khata No. 4 has wrongly been typed in the Jamabandi in place of Khata No. 42 due to clerical mistake .
3. At the outset, learned counsel for the State appears
Patna High Court CWJC No.14431 of 2023(2) dt.21-12-2023 2/3 and raises preliminary objection and submits that grievance of the petitioner falls under Section 4(1) (f) of The Bihar Land Disputes Resolution Act, 2009 which reads as: "4. Jurisdiction and authority to resolve disputes. - (1) The Competent Authority shall have jurisdiction and authority to hear and adjudicate on an application or complaint or on any application referred to by a Prescribed Authority or officer, any issue arising out of following types of disputes:- (f) Correction of entry made in the record of rights including map/survey map.
4. Learned counsel for the petitioner does not dispute the above proposition.
5. In the above view of the matter, this Court is not inclined to interfere in the matter in its extra-ordinary writ jurisdiction. Grievance of the petitioner falls under Section 4(1) (f) of the Bihar Land Disputes Resolution Act, 2009. Petitioner has statutory alternative remedy available which he can avail in accordance with law.
Patna High Court CWJC No.14431 of 2023(2) dt.21-12-2023 3/3
6. Petitioner shall be at liberty to seek remedy before the appropriate forum as may be available to him in accordance with law.
7. It goes without saying that if any question of limitation arises before the competent authority, the same shall be considered, taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India .
8 . This writ petition is accordingly disposed of with the aforesaid observations.
(Prabhat Kumar Singh, J) Koushik/- U