Sitaram Sao @ Sitaram Lal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15570 of 2017 ====================================================== Sitaram Sao @ Sitaram Lal Son of Late Baijnath Modi @ Baijnath Lal, resident of Village- Ranisarai, Police Station- Bakhtiyarpur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Deputy Collector Land Reforms, Barh, Patna. 3.

The Circle Officer, Bakhtiyarpur, Patna.

4.

Gauri Lal, Son of late Ram Swaroop Lal.

5.

Arbind Lal, Son of Late Radhey Lal, Both residents of Village- Ranisarai, Police Station- Bakhtiyarpur, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No-2, Advocate For the State :

Mr. Md.Khurshid Alam , AAG-12 For the Respondent No.4:

Mr. Manager Sah, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 26-09-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2.

The present writ application has been filed for the following relief/s:- (I) For setting aside the order dated 29-05-2016 passed by the Circle Officer, Bakhtiyarpur in Mutation Case No. 06/2016-17 whereby and whereunder petition filed by the private respondents for mutation of his land bearing Khata No. 34, 26, 6, 35, 2, 30, 50, 23, 53 and 71 has been

Patna High Court CWJC No.15570 of 2017 dt.26-09-2024 2/3 allowed.

(iii) For issuance of direction to the Respondent authorities particularly the Circle officer not to act upon the order dated 29.05.2016 as a Title Appeal No. 82/2005 is pending in the Civil Court, Barh with respect to the said land.

(iii) And/or for any other relief or reliefs to which the petitioner may be found entitled encourse of hearing of this writ application."

3.

At the outset, learned counsel for the State submits that the petitioner is having an alternative remedy by way of filing revision before the Additional Collector of the concerned district under Section 8 of the Bihar Land Mutation Act, 2011. 4.

Considering the fact that the petitioner is having an alternative remedy, the petitioner is directed to file revision along with the copy of this order before the concerned Additional Collector as per the provisions of Section 8 of the Bihar Land Mutation Act, 2011 within a period of two weeks along with application of condonation of delay in filing the revision and the concerned Additional Collector, after considering the fact that the petitioner was pursuing his remedy before this Court, will condone the delay and dispose of the

Patna High Court CWJC No.15570 of 2017 dt.26-09-2024 3/3 same in accordance with law, within a period of 30 days from the date of receipt/production of a copy of this order. 5.

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

(Rudra Prakash Mishra, J) Raj Kishore/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 27-09-2024 Transmission Date N/A