Ratneshwar Sharma @ Ratneshwar ... vs The State Of Bihar
2021 Latest Caselaw 5525 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6357 of 2020
     ======================================================

Ratneshwar Sharma @ Ratneshwar Prasad Sharma @ Ratneshar Prasad Singh(M), aged about 80 years, Son of Late Yugeshwar Singh, Resident of Village- Baligaon Chandpura, P.S. Baligaon, District- Vaishali.

... ... Petitioner/s Versus

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

2. The Collector, Vaishali.

3. The Additional Collector, Vaishali.

4. The Sub-Divisional Officer, Mahua, District - Vaishali.

5. The Deputy Collector, Land Reforms, Mahua, District- Vaishali.

6. The Circle Officer, Patepur Anchal, District- Vaishali.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Sanjeev Kumar, Adv. For the Respondent/s : Mr. Dhurjati Kr. Prasad, GP14 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 25-11-2021 Heard learned counsel for the petitioner and learned

counsel for the respondents. Learned counsel for the petitioner

hereby undertakes to remove all defects pointed out by the Stamp

Reporter as and when required. It is accordingly directed that all

defects pointed out by the Stamp Reporter be removed within one

month hereof.

2. The present writ petition has been filed for the

following reliefs as formulated by the petitioner-

"1. That the present writ application is being filed before this Hon'ble Court on behalf of the aforesaid petition for quashing/setting aside the order dated 31.07.2019 passed by Additional Collector, Patna High Court CWJC No.6357 of 2020 dt.25-11-2021

Vaishali in Jamabandi Cancellation Case No. 59/17-18 by which Jamabandi No. 1467 created in the name of petitioner appertaining to New Khata No. 1079, New Khesra No. 1653, 1654 and 1655 of area 0.16 decimals of land of Mauza Baligaon, has been cancelled."

3. At the very outset, learned counsel for the respondents

has raised a preliminary objection to the effect that the petitioner

has alternative remedy by way of appeal under Rule 14 of the

Bihar Land Mutation Rules, 2012 against the impugned order of

the Additional Collector, Vaishali in Jamabandi Cancellation Case

No. 59/17-18.

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 enter into the merits of the claim of the petitioner in

view of the alternative remedy available to him as aforesaid.

6. The writ petition accordingly stands dismissed with

liberty to the petitioner to approach the appellate court, if so

advised.

(Vikash Jain, J) rishi/-

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Uploading Date          02.12.2021
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