Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.492 of 2025 ====================================================== Rajesh Kumar son of Late Sudarshan Thakur, resident of Mohalla-Ramganj, P.O.-Sansarpur, P.S.-Mufassil, District-Khagaria (Bihar). ... ... Petitioner/s

Versus

1.

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

The Collector cum District Magistrate, Khagaria, District-Khagaria. 3.

The Additional Collector, Khagaria.

4.

The Circle Officer (Himanshu Kumar), Khagaria, Circle Office, Alawli, Khagaria, PIN 851204.

5.

District Lok Shikayat Niwaran Padadhikari, Office at Khagaria. 6.

Kumar Gyan Prakash, son of Late Nageshwar Prasad, resident of MohallaRamganj, P.O. Sansarpur, P.S. Muffasil, District-Khagaria (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Prasad, Advocate For the Respondent/s :

Mr. Standing Counsel (24) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-01-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. Learned Counsel for the petitioner has challenge the order dated 24.10.2024 passed by District Magistrate, Khagaria, in Mutation Cancellation Appeal Case No.26 of 202324 which has arisen from Mutation Cancellation Case No.222 of 2019 passed by Additional Collector on 02.07.2022.

3. Learned Counsel for the State raised preliminary Objection and submits that according to Section 9(7)(a) of Bihar

Patna High Court CWJC No.492 of 2025(2) dt.24-01-2025 2/2 Land Mutation Act, 2011 (Bihar Act 23 of 2011), the revision shall lie against the order of Collector before the Divisional Commissioner.

4. As such, this writ petition is disposed off without entering into the merit or demerit of the case directing the petitioner to avail the remedy of revision before the revisional authority i.e., Additional Collector, Khagaria, in the present case.

5. It is made clear that the delay, if any, in filing the revision has been directed to condone. The petitioner shall be at liberty to raise any interim relief before the Commissioner itself. (Dr. Anshuman, J) Mkr./- U