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Patna High CourtCWJC/19875/2019dismissed

Nagendra Prasad Singh, v. The State Of Bihar

2019-09-26Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19875 of 2019 ====================================================== Nagendra Prasad Singh, son of Late Ram Chandra Prasad Singh, resident of village- Mahuri, P.s.- Nalanda, District- Nalanda, at present residing at Bangali Para Rajgir, P.S.- Rajgir, District- Nalanda. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The District Magistrate-cum-District Collector, Nalanda. 4.

The Additional Collector, Nalanda.

5.

The Sub-Divisional Officer, Rajgir, District- Nalanda. 6.

The D.C.L.R. (Deputy Collector Land Reforms), Rajgir, District- Nalanda. 7.

The Circle Officer, Rajgir, District- Nalanda. 8.

The Circle Officer, Silao, District- Nalanda. 9.

The District Land Acquisition Officer, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Respondent/s :

Mr.Subash Chandra Yadav ( GP15 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-09-2019 Heard both sides.

The petitioner has filed this writ petition against the order dated 27.06.2018 passed by the Additional Collector in Jamabandi Cancellation Case No. 36/ 2016 (Annexure-7) by which Jamabandi standing in the name of the petitioner has been cancelled.

In view of provision as contained in Section 9 (6) of the Bihar Mutation Act, 2011 there is provision of appeal before

Patna High Court CWJC No.19875 of 2019(2) dt.26-09-2019 2/2 the Collector against the order of Additional Collector. In this view of the fact, this writ petition is dismissed with liberty to the petitioner to file appeal before the Collector against the order of Additional Collector passed in Jamabandi Cancellation Case No. 36/ 2016, canceling the Jamabandi standing in the name of petitioner. If such an appeal is filed the Collector shall hear the appeal on merit without unsuiting the petitioner on limitation ground.

(Prabhat Kumar Jha, J) BKS/- U