Dharmlal Tudu v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21505 of 2012 ====================================================== Dharmlal Tudu S/O Late Alma Tudu, resident of Village Rupaspur Chandwa, Police Station Mirganj, District Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary to the Government, Department of Revenue, Govt. of Bihar, Patna.

2. The Chief Secretary, Government of Bihar, Patna.

3. The Commissioner, Purnia Division, Purnia.

4. The Collector, Purnia.

5. The Circle Officer, Dhamdaha Circle, Dhamdaha, District Purnia.

6. The Bihar Bhudan Yogna Committee, Kadamkuan, Patna.

7. The District Bhudan Yogna Committee, Rani Patra, Police Station Sadar, District Purnia.

8. Murlidhar Singh S/O Paan Singh, resident of Village Chandwa, Police Station Falka, District Katihar presently residing at Sultan Pokhar (Near Registry Office), Ward No. 3, Police Station Forbesganj, District Araria. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajiv Roy, Advocate For the Respondent No.6 & 7: Mrs. Alka Verma, Advocate For the Respondent No.8 : Mr. Ashok Kumar Singh, Advocate Mr.Ambrish Rahul, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER ------------ 09-10-2015 Heard the parties.

The petitioner is aggrieved by the order dated 28.03.2012 passed in Case No. 263 of 2011-12 by the DCLR, Dhamdaha, as contained in Annexure-1, whereby the petition filed on behalf of the petitioner under Section 04 of The Bihar Land Disputes Resolution Act, 2009 (in short, "Act, 2009") has been rejected.

In the considered opinion of this Court, against the order impugned, the petitioner has an alternative and efficacious remedy before the prescribed appellate authority under Section 14 of the Act, 2009.

In above view of the matter, the present writ petition

Patna High Court CWJC No.21505 of 2012 (3) dt.09-10-2015 2/2 is dismissed with a liberty to the petitioner to approach the prescribed appellate authority for grant of appropriate relief (s) with respect to the lands in question, as also with respect to the order impugned.

Before the appellate Forum, the petitioner shall be at liberty to raise all the issues of facts and law, which may be available to him with respect to the lands under dispute. (Birendra Prasad Verma, J) Tahir/- U