Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21189 of 2018 ====================================================== 1.Sanjeev Kumar

2. Rajiv Kumar @ Rajiv Kumar Shrestha Both sons of Late Dhrubh Narayan Sheristha, residents of VillageNepalitola, P.O.-Ramnagar, P.S. Ramnagar, District-West Champaran. ... ... Petitioners

Versus

1.

The State of Bihar through the Secretary, Department of Revenue and Land Reforms, Patna 2.

The Collector, West Champaran At Betiah 3.

The Additional Collector, West Champaran, Betiah. 4.

The Sub-Divisional Officer, West Champaran.

5.

The Circle Officer, Ramnagar, District- West Champaran. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kant For the Respondent/s :

Mr.Raj Kishore Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-11-2019 Heard Sri Mukesh Kant, learned counsel appearing on behalf of the petitioner and learned Govt. Pleader no.18. The petitioner has filed the present writ petition for quashing the order dated 21.08.2018 passed by the respondent Additional Collector, West Champaran at Bettiah in Jamabandi Cancellation Case No.60 of 1916-17(Annexure-1 to the writ petition).

Learned counsel for the petitioner submits that the Additional Collector has cancelled Jamabandi, opened in the name of father of the petitioners 57 years ago. It was further submitted that the land in question has been continuing in their

Patna High Court CWJC No.21189 of 2018(2) dt.21-11-2019 2/2 possession. But it appears that there is alternative efficacious and alternative remedy before the Collector against the order of the Addl. Collector cancelling the Jamabandi. Jamabandi was cancelled on the ground that the land was recorded as Gairmazarua Pain and Jamabandi no.206 was created in the name of Dhrub Narayan Shrestha, but no order was found creating Jamabandi in the name of Dhrub Narayan Shrestha. Accordingly, the writ petition is disposed of giving liberty to the petitioners to file an appeal against the order dated 21.08.2018 passed in Jamabandi Cancellation Case No.60 of 1916-17 by the Addl. Collector, West Champaran at Bettiah as provided under Section 9(6) of the Bihar Land Mutation Act. If such appeal is filed by the petitioners, the Collector, West Champaran shall hear the matter on merit. It is made clear that the period consumed in the present writ petition i.e. from 29.10.2018 till date, shall be excluded, while considering the limitation matter.

(Prabhat Kumar Jha, J.) nawalkrs/- U