Sheo Nandan Prarthy @ Shiv Nandan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15391 of 2024 ====================================================== Sheo Nandan Prarthy @ Shiv Nandan Das Son of Late Ram Krishna Das, resident of Village-Surauli, P.S. Bibhutipur, District-Samastipur, at present staying-Ward No. 13, Barauni, P.S.-Barauni, Dist-Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate of Samastipur x 3.

The D.C.L.R. Rosera, Samastipur.

4.

The Circle Officer of Bibhutipur, Samastipur. 5.

The Block Development Officer Bibhutipur, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rambabu Yadav, Advocate For the Respondent/s :

Mr. Government Pleader-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 08-10-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ application has been filed for following relief(s):

"1.(i) For issuance of a writ(s) direction/s, order/s in the nature of in appropriate, the petitioner seeks to direct the respondent authorities to set aside(quashing) the order passed on the date of 20-jun-2024 by the circle officer Bibhutipur, Samastipur in the light of the order passed by the D.C.L.R Rosera on the date of 10-02-

Patna High Court CWJC No.15391 of 2024 dt.08-10-2024 2/3 2024.

(ii) The petitioner argues that respondents 1 to 5s are unmistakably involved in the illegal act of Rejection of the mutation application to the petitioner. The petitioner underscores the pressing need for judicial intervention to quashing the order which is passed by the respondent 4s.

(iii) For any other relief/s for which the petitioner be found entitled."

3. At the outset, learned counsel for the State submits that the petitioner is having an alternative remedy by way of filing appeal before the DCLR under Section 7 of the Bihar Land Mutation Act, 2011.

4. Considering the above fact that the petitioner is having an alternative remedy, the petitioner is directed to file appeal before the Deputy Collector Land Reforms, Rosera Samastipur (Respondent No. 3 herein) as per the provisions of Section 7 of the Bihar Land Mutation Act, 2011 within a period of four weeks from today along with application for condonation of delay and the concerned Deputy Collector Land Reforms, (Respondent No. 3 herein) after considering the fact

Patna High Court CWJC No.15391 of 2024 dt.08-10-2024 3/3 that the petitioner was pursuing his remedy before this Court will condone the delay and dispose of the appeal in accordance with law within a period of three months from the date of filing of the appeal by the petitioner.

5. With the aforesaid observation/direction, the present writ application stands disposed of.

(Rudra Prakash Mishra, J) Alok Verma/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 08.10.2024 Transmission Date N/A