Ram Kawal Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.499 of 2023 ====================================================== Ram Kawal Chaudhari S/o Late Jangi Chaudhari @ Jangi Bin Resident of Village- Jigana Paharpur, Basaon Kala, P.S.- Sikraul Lakh, Dist.- Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2.

The District Collector, Buxar.

3.

The Additional Collector Land Reforms, Buxar. 4.

The Circle Officer, Itarhi, Dist.- Buxar.

5.

Sri Ram Bin, Son of Late Gulab Bin Resident of Village- Paharpur, P.S.- Itarhi (Now Sikraul), Dist.- Buxar.

6.

Awadhesh Bin, Son of late Gulab Bin Resident of Village- Paharpur, P.S.- Itarhi (Now Sikraul), Dist.- Buxar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Goutam, Adv.

For the Respondent/s :

Mr. Birendra Prasad Singh, (AC to SC- 19 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-06-2023 Counsel for the petitioner and counsel for the State are present.

2. Counsel for the petitioner has challenged a Memo No. 953 dated 23.11.2018 issued by the Additional Collector Land Reforms, Buxar i.e. Annexure-8 of this Writ petition.

3. Counsel submits that by the said letter basically a threat was given to the Circle Officer, Itarhi, Buxar to make an alternation in the Jamabandi without proper enquiry and without following the procedure. He further submits that the procedure laid down under Bihar Land Mutation Act, 2011 has

Patna High Court CWJC No.499 of 2023(2) dt.21-06-2023 2/2 been completely violated.

4. Counsel for the petitioner further submits that he is well aware that the remedy against decision of the Deputy Collector Land Reform, Buxar is before the other Forum, under the Mutation Law but since basic procedure has not been followed under the statute and no order has been passed by the Deputy Collector Land Reform, Buxar, it is due to this reason he has no option but to move before this High Court.

5. Counsel for the State submits that under the statute the petitioner ought to move before the competent authority and subsequently under special law that is Bihar Land Tribunal Act, 2009 and its Rules, 2010.

6. In the light of submissions made above this Court is of the view that the petitioner ought to raise all his grievances before the Bihar Land Tribunal first and then he should come to the High Court.

7. With the aforesaid direction that petitioner shall move before Bihar Land Tribunal raising all his grievance, this writ petition is hereby disposed off.

(Dr. Anshuman, J.) Ashishsingh/- U