Most. Sarswati Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21515 of 2013 ====================================================== Most. Sarswati Devi, wife of late Shivnath Singh Sharma, resident of Harrakh Kothi (Mirganj) Begusarai, Post-Begusarai, P.S.-Begusarai Town, District-Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Divisional Commissioner, Munger.
3. The Collector, Begusarai, District-Begusarai.
4. The Deputy Collector of Land Reforms, Begusarai.
5. Smt.Neelima Thakur, wife of Sri Ajay Kumar Thakur
6. Smt. Reshmi Sinha, wife of Sri Jyoti Prasad Sinha
7. Dr. Hemant Kumar Sharma, son of late Vishwanath Singh Sharma 5 to 7 are permanently resident of Harrakh Kothi (Mirganj), Post-Begusarai, P.S.-Begusarai Town, District-Begusarai.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajiv Roy, Adv. For the Respondent nos.5to7 : Mr.Abhoy Kumar Singh, Sr.Adv. Mr.Rakesh Kumar Samrendra, Adv.
Mr.J.S.Arora, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 17-12-2015 Heard the parties.
Originally the present writ petition was filed on behalf of the petitioner assailing the validity and correctness of the order dated 25.09.2013 passed in Bihar Land Dispute Resolution (B.L.D.R.) Appeal No.222 of 2013, as contained in Annexure-3 to the writ petition, whereby the respondent Divisional Commissioner, Munger had passed an interlocutory order regarding addition and deletion of parties in the aforesaid appeal. During the pendency of the present writ petition, the aforesaid B.L.D.R. Appeal No.222 of 2013 has, now, finally been disposed of by the respondent Divisional Commissioner, Munger by his order dated 03.05.2014, which has been brought on record as Annexure-4 to the I.A.No.6141 of 2014. The aforesaid I.A.
Patna High Court CWJC No.21515 of 2013 (16) dt.17-12-2015 seeking amendment in the writ petition for challenging the validity and correctness of the aforesaid final order dated 03.05.2014 (Annexure-4) was allowed by an order dated 27.04.2015 by a Bench of this Court. Apparently, now the petitioner is aggrieved by the aforesaid final order dated 03.05.2014 (Annexure-4) passed by the respondent Divisional Commissioner, Munger in terms of Section 14 of The Bihar Land Disputes Resolution Act, 2009. In the considered opinion of this Court, against the order impugned, the petitioner has an alternative and equally efficacious remedy before the learned Bihar Land Tribunal, Patna in view of the provisions contained in Section 9 of The Bihar Land Tribunal Act, 2009.
In above view of the matter, the present writ petition is dismissed, but liberty is granted to the petitioner to approach the learned Bihar Land Tribunal, Patna for grant of appropriate relief(s) with respect to the lands claimed by her as also with respect to the order impugned in the present proceeding. (Birendra Prasad Verma, J) Arvind/- U