Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25440 of 2019 ====================================================== 1.

Sunil Kumar son of Lal Babu Prasad resident of Village- Dumri, Ward No. 1, Bettiah, District- West Champaran.

2.

Lal Babu Prasad son of late Saral Prasad resident of Village- Dumri, Ward No. 1, Bettiah, District- West Champaran.

... ... Petitioners

Versus

1.

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

2.

District Magistrate cum Collector, West Champaran. 3.

Additional Collector, Land Ceiling, West Champaran. 4.

Deputy Collector Land Reforms, Narkatiaganj, West Champaran. 5.

Anchal Adhikari, Mainatand, District- West Champaran. 6.

Prabhu Manjhi son of Lagan Manjhi resident of Village Jhumka, P.S. Inarwa, District- West Champaran.

7.

Shankar Musahar son of Moti Manjhi resident of Village Jhumka, P.S. Inarwa, District- West Champaran.

8.

Kishun Manjhi son of Rogai Manjhi resident of Village Jhumka, P.S. Inarwa, District- West Champaran.

9.

Khooni Manjhi son of Jagarnath Manjhi resident of Village Jhumka, P.S. Inarwa, District- West Champaran.

10.

Raghuni Manjhi son of Jagarnath Manjhi resident of Village Jhumka, P.S. Inarwa, District- West Champaran.

... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr. Naresh Chandra Verma, Advocate Mr. Natraj Verma, Advocate Mr. Santosh Bharti, Advocate For the Respondent State:

Mr. Birendra Prasad Singh, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-05-2023 The writ petition has been filed seeking direction to respondents No. 1 to 5 to get the land, which belongs to the petitioners, measured and remove the parcha holders from their land.

Learned counsel for the petitioners has submitted that

Patna High Court CWJC No.25440 of 2019(3) dt.15-05-2023 2/2 despite the fact that the petitioners had made a representation on 15.05.2019 before the District Magistrate, West Champaran, Bettiah, for measurement of the land belonging to the petitioners and those to whom parchas have been issued, till date no action has been taken.

Upon perusal of the pleadings in the writ petition, I find that the same raises certain facts touching the petitioners title over the land in question. The petitioners have effective and alternative remedy to get the dispute adjudicated before appropriate authority in accordance with law. After making a representation, the petitioners claim that they have approached this Court. However, on perusal of the writ petition, it appears that the it does not reflect receipt of the representation in the office of the District Magistrate, West Champaran, Bettiah. I am not inclined to entertain this application under Article 226 of the Constitution of India.

This writ application is accordingly dismissed. The petitioners shall, however, be at liberty to approach appropriate authority/forum/court for redressal of their grievance. (Chakradhari Sharan Singh, J) Pawan/- U