Karu Kora v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1583 of 2025 ====================================================== 1.
Karu Kora S/o- Chhathu Kora Resident of Village- Banjhipyar, Bhaluka, P.S.- Malaypur, Dist.- Jamui.
2.
Prabhu Kora, S/o Karu Kora Resident of Village- Banjhipyar, Bhaluka, P.S.- Malaypur, Dist.- Jamui.
3.
Mathura Kora, S/o Horil Kora Resident of Village- Banjhipyar, Bhaluka, P.S.- Malaypur, Dist.- Jamui.
4.
Jago Kora, S/o Late Durga Kora Resident of Village- Banjhipyar, Bhaluka, P.S.- Malaypur, Dist.- Jamui.
5.
Ajay Kora @ Rajesh Kora, S/o Late Durga Kora Resident of VillageBanjhipyar, Bhaluka, P.S.- Malaypur, Dist.- Jamui. 6.
Botal Kora @ Bhola Kora, S/o Kailu Kora Resident of Village- Banjhipyar, Bhaluka, P.S.- Malaypur, Dist.- Jamui.
... ... Petitioner/s
Versus
1.
The State of Bihar through Collector-cum- District Magistrate, Jamui. 2.
Collector-cum-District Magistrate, Jamui.
3.
D.C.L.R., Jamui.
4.
Circle Officer, Barhat, Jamui.
5.
Vishwanath Prasad, S/o Late Kuldeep Rawat Resident of Village- Malaypur, P.S.- Malaypur, Dist.- Jamui.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Ranjan Singh, Advocate For the Respondent/s :
Mr. Sita Ram Yadav, G.P.-16 Mr. Rakesh Kumar Shrivastava, AC to GP-16 For the Pvt. Resps.
:
Mr. Satya Prakash Prasar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-06-2025 Heard learned counsel for the petitioners, learned AC to GP-16 for the State and learned counsel appearing on behalf of the private respondent no. 5.
2. Learned counsel appearing on behalf of the State and the private respondent no. 5 submit that petitioners have rushed to this Court without availing their alternative remedy
Patna High Court CWJC No.1583 of 2025(3) dt.19-06-2025 2/3 against the order impugned in the instant writ application.
3. Learned counsel for the State submits that petitioners have remedy of appeal before the Divisional Commissioner in terms of Section 14 of the Bihar Land Dispute Resolution Act, 2009.
4. Learned counsel for the petitioners is not in a position to rebut the said submission of the learned counsel appearing on behalf of the State and the private respondent no. 5 but then submits that by the time the petitioners will file their appeal before the authority competent by that time the authorities in terms of the order impugned will get the land measured and will also dispossess the petitioners when the land in dispute is raiyati land of the petitioners and was never sold nor any sale deed with respect to the land in dispute was executed by their ancestors.
5. Learned counsel appearing on behalf of the petitioners further submits that since petitioners were threatened with dispossession, as such, they had to rush to this Court but then seeks permission to withdraw the writ application with liberty to avail their alternative remedy of appeal before the authority competent in accordance with law on or before 10.07.2025.
Patna High Court CWJC No.1583 of 2025(3) dt.19-06-2025 3/3
6. Permission is accorded.
7. Accordingly, the instant writ application is dismissed as withdrawn.
8. It is made clear that if petitioners file an appeal before the authority competent in accordance with law on or before 10.07.2025, in that event, the order impugned in the instant writ application shall remain in abeyance till the appeal is not taken up by the authority competent for the first time. (Satyavrat Verma, J) Kundan/- U