Ram Lagan Ram v. District Magistrate State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21952 of 2013 ====================================================== Ram Lagan Ram son of Late Ramdhari Ram, resident of Village - Judawanpur Gopalpur, P.S. - Bidupur, Distt - Vaishali .... .... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Vaishali at Hajipur
2. Director, Consolidation, Government of Bihar
3. Deputy Director, Consolidation, Vaishali, Hajipur
4. Nawab Lal Rai son of Baldeo Rai, resident of Village - Judawanpur, P.O. - Maniarpur, P.S. - Bidupur, Distt. - Vaishali
5. Reshma Devi wife of Nawab Lal Rai, resident of Village - Judawanpur, P.O. - Maniarpur, P.S. - Bidupur, Distt. - Vaishali
6. Rana Ekbal Singh son of Late Rana Kedar Singh, resident of Village Govindpur, P.S. - Bidupur, District - Vaishali
7. Umesh Singh son of Late Rana Kedar Singh, resident of Village Govindpur, P.S. - Bidupur, District - Vaishali
8. Summendra Singh @ Mannu Singh son of Late Suman Singh, resident Of Village Govindpur, P.S. - Bidupur, District - Vaishali
9. Bhupendra Singh son of Late Rana Kedar Singh, resident of Village Govindpur, P.S. - Bidupur, District - Vaishali
10. Renu Devi wife of Umesh Singh, resident of Village Govindpur, P.S. - Bidupur, District - Vaishali
11. Uma Devi wife of Shivji Singh, resident of Village - Kowsa, P.S. - Waenchal, Desri, Distt - Vaishali
12. Gauri Singh son of Late Jai Kishun Singh, resident of Village - Govindpur, P.O. - Bajidpur, P.S. Bidupur, Distt - Vaishali .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. For the Respondent Nos. 1 to 3: Mr. Rajiv Kumar, AC to GA 5 For the Respondent No. 6 : Mr.Naresh Chandra Verma, Advocate Mr.Lakshmi Kant Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 04-01-2016 The grievance of the petitioner in the present writ petition is that despite order dated 03.01.1998 passed by the respondent Deputy Director of Consolidation, Vaishali at Hajipur in Case No. 312 of 1997, as contained in Annexure-3 to the writ petition, some obstructions regarding possession are being created by the private respondents with respect to lands in question mentioned in that order.
Patna High Court CWJC No.21952 of 2013 (3) dt.04-01-2015 2/2 In the considered opinion of this Court, against such a grievance, the petitioner has an alternative and efficacious remedy before the competent authority under the provisions of The Bihar Land Disputes Resolution Act, 2009 ( in short, "the Act, 2009"), but without approaching the competent authority for redressal of his valid grievances, the petitioner has straight away come to this Court in the present proceeding filed under Article 226 of the Constitution of India.
It is well settled that the issues of facts must be raised and conclusively decided by the statutory authority, at the first instance, and only thereafter the powers of judicial review of the High Court under Article 226 of the Constitution of India may be invoked.
In above view of the matter, the present writ petition is dismissed, but with a liberty to the petitioner to approach the competent authority under the provision of the Act, 2009 for redressal of his valid grievances with respect to lands in question. (Birendra Prasad Verma, J) Tahir/- U