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Patna High CourtCWJC/20670/2019disposed

Nirmal Kumar Bhagat v. The State Of Bihar

2019-10-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20670 of 2019 ====================================================== Nirmal Kumar Bhagat, Aged about 35 years, Male, Son of Late Ramchandra Bhagat, Resident of Village Triveniganj, Ward No. 11, Panchayat Latauna Uttar , P.O.+P.S.- Triveniganj, District Supaul, PIN 852139 ... ... Petitioner/s

Versus

1.

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

2.

The Director, Land and Revenue Department, State of Bihar, Patna. 3.

The Divisional Commissioner, Koshi Division, Saharsa. 4.

The District Magistrate, Supaul 5.

The Additional Collector, Supaul.

6.

The Deputy Collector Land Reforms, Triveniganj, District Supaul. 7.

The Circle Officer, Triveniganj, District Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Pranav Kumar, Advocate Mr. Vijay Bardhan Pandey, Advocate For the State :

Mr. Rishi Raj Sinha, S.C.19 Mr. Akhilesh Kumar Sinha, A.C. to S.C.19 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-10-2019 Heard both sides.

The petitioner filed this writ petition for quashing the order dated 11.05.2018, passed by the Additional Collector, Supaul in Jamabandi Cancellation Case No.36/2017, 04/201718. Section 9(6) of the Mutation Act provides appeal against the order passed by the Additional Collector in Jamabandi cancellation case but the petitioner without availing the efficacious and alternative remedy of appeal before the Collector filed this writ petition.

Patna High Court CWJC No.20670 of 2019(2) dt.21-10-2019 2/2 In this view of the fact, I dispose of this writ petition with liberty to the petitioner to present the appeal before the Collector within 30 days from the date of receipt of this order. With the aforesaid observation, the writ petition stands disposed of.

(Prabhat Kumar Jha, J) S.KUMAR/- U