Md. Mukhtar Alam And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1084 of 2017 In Civil Writ Jurisdiction Case No.18614 of 2008 ====================================================== Md. Mukhtar Alam & Ors ... ... Petitioner/s

Versus

The State Of Bihar & Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mohammed Abu Haidar For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-05-2018 This petition has been filed for modification in order dated 18.03.2017 passed in C.W.J.C. No. 1114 of 2009 and analogous cases.

Learned counsel appearing for petitioners submits that vide order dated 18.03.2017, this court directed the petitioners to file revision before the Board of Revenue, but after amendment the revision against the impugned order shall lie before the Divisional Commissioner and therefore, the aforesaid modification in impugned order dated 18.03.2017 is needed. From perusal of order dated 18.03.2017 passed in C.W.J.C. No. 1114 of 2009 and analogous cases, I find that this court directed the petitioners to challenge the orders impugned before appropriate forum in accordance with law and this court never observed that the revision shall be filed before a particular

Patna High Court MJC No.1084 of 2017(7) dt.16-05-2018 2/2 forum. Therefore, in my view, there is no need of modification of the order dated 18.03.2017 passed in C.W.J.C. No. 1114 of 2009 and analogous cases.

Accordingly, this petition stands disposed of. However, it is made clear that if the petitioners file revision before the appropriate forum, the appropriate forum shall proceed with the revision in accordance with law. (Hemant Kumar Srivastava, J) khushbu/- U