Shushila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.946 of 2020 ====================================================== Shushila Devi W/o Nagendra Ram Resident of Village- Bathua Buzrug, P.s.- Musari Gharari, District- Samastipur ... ... Petitioner

Versus

1.

The State of Bihar through the Collector, Samastipur 2.

The Circle Officer Sarairanja, Samastipur 3.

The Circle Inspector Sarairanja, Samastipur 4.

Sanjay Singh S/o Radha Raman Singh Resident of Village- Bathua Buzrug, P.s.- Musarigharari, District- Samastipur 5.

Yogendra Ram S/o Muneshwar Ram Resident of Village- Bathua Buzrug, P.s.- Sarairanjan, District- Samastipur 6.

Kaushal Prasad Singh S/o Late Ram Deni Prasad Singh Resident of VillageBathua Buzrug, P.s.- Sarairanjan, District- Samastipur ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Kamlesh Kumar Pathak, Advocate For the Respondent/s :

Mr.Md. Khursid Alam ( Aag12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-12-2023 Heard learned counsel for the parties.

2. Present writ petition has been filed for quashing Basgit purcha issued in form G with respect to the land mentioned in paragraph 1(i) of the writ petition, in favour of respondent no.5 as well as the entire proceeding of Basgit Purcha Case No. 56 of 15-16.

3. However, learned counsel for the State raises preliminary objection to the effect that an alternative remedy is available to the petitioner before the Bihar Land Tribunal for proper adjudication of the matter. He submits that liberty may be given to the petitioner to approach the Bihar Land Tribunal.

Patna High Court CWJC No.946 of 2020(8) dt.11-12-2023 2/2

4. Learned counsel for the petitioner does not dispute the above proposition.

5. In the above view of the matter, this Court is not inclined to interfere in the matter in its extra-ordinary writ jurisdiction. Let the petitioner file afresh application before the Bihar Land Tribunal for proper adjudication of the matter.

6. It goes without saying that if any question of limitation arises before the competent authority, the same shall be considered taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India.

7. Writ petition stands disposed of with the aforesaid observations.

(Prabhat Kumar Singh, J) shashi/- U