Patna High Court
Brambhdeo Sah vs The State Of Bihar on 29 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6111 of 2020
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1. Brambhdeo Sah Son of Late Kailu Sah. Resident of Village- Rannuchak,
P.S.- Nathnagar, District- Bhagalpur.
2. Indradeo Sah, Son of Late Kailu Sah. Resident of Village- Rannuchak, P.S.-
Nathnagar, District- Bhagalpur.
3. Sikandar Sah, Son of Late Kailu Sah. Resident of Village- Rannuchak, P.S.-
Nathnagar, District- Bhagalpur.
4. Gopal Sah, Son of Late Kailu Sah. Resident of Village- Rannuchak, P.S.-
Nathnagar, District- Bhagalpur.
5. Sambhunath Sah, Son of Late Baldeo Sah, Resident of Village-
Rannuchak, P.S.- Nathnagar, District- Bhagalpur.
6. Arjun Sah, Son of Late Baldeo Sah, Resident of Village- Rannuchak, P.S.-
Nathnagar, District- Bhagalpur.
7. Tuntun Sah, Son of Domi Sah, Resident of Village- Rannuchak, P.S.-
Nathnagar, District- Bhagalpur.
8. Anant Sah, Son of Domi Sah, Resident of Village- Rannuchak, P.S.-
Nathnagar, District- Bhagalpur.
9. Suresh Sah, Son of Late Ram Kishun Sah, Resident of Village- Rannuchak,
P.S.- Nathnagar, District- Bhagalpur.
10. Pramod Sah, Son of Late Ram Kishun Sah, Resident of Village-
Rannuchak, P.S.- Nathnagar, District- Bhagalpur.
11. Arun Sah, Son of Late Ram Kishun Sah, Resident of Village- Rannuchak,
P.S.- Nathnagar, District- Bhagalpur.
... ... Petitioners
Versus
1. The State of Bihar through the Secretary, Department of Revenue, Govt.
of Bihar, New Secretariat, Patna.
2. The Collector, Bhagalpur.
3. The Additional Collector, Land Reforms Department, Bhagalpur.
4. The Senior Deputy Collector, Bhagalpur.
5. The Circle Officer, Nathnagar.
6. Amit Kumar Roy, Son of Chandrika Roy, resident at Village- Makandpur,
P.S. Nathnagar, District- Bhagalpur.
7. Anuj Kumar Roy, Son of Chandrika Roy, resident at Village- Makandpur,
P.S. Nathnagar, District- Bhagalpur.
... ... Respondents
Patna High Court CWJC No.6111 of 2020 dt.29-11-2021
Appearance :
For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate
For the Respondent/s: Mr. Majid Mahboob Khan, AC to AAG-12
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 29-11-2021
Heard learned counsel for the petitioners and learned
counsel for the respondents. Learned counsel for the petitioners
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 petition has been filed "for quashing of the
order dated 02.09.2019 passed in Jamabandi Cancellation Case No.
64/2019-20 passed by Additional Collector, Bhagalpur whereby and
whereunder respondent no. 3 rejected the case of the petitioners only
due to delay consumed in filing of jamabandi cancellation case
though jamabandi number 259 and 260 has been wrongly carved out
from original jamabandi no 134; further directs to respondent to
restore the original jamabandi showing both the plot no. 9 for an
area of 10 decimal and plot no 10 for an area of 11 decimal are part
and parcel of original jamabandi no 134; and further direct to
respondent no. 5 to issue rent receipt in favour of petitioners for an
entire area or 21 decimal appertaining to original jamabandi no.
134."
Patna High Court CWJC No.6111 of 2020 dt.29-11-2021
3. At the outset itself, learned counsel for the respondents
raises a preliminary objection on the grounds of availability of
alternative remedy by way of appeal against the impugned order
provided under Section 9 (6) of the Bihar Land Mutation Act, 2011.
4. Learned counsel for the petitioners 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. The
writ petition is dismissed with liberty to the petitioner to avail of
alternative remedy in accordance with law.
6. Office shall follow-up to ensure that all defects are
removed and compliance with the notices of this Court are made by
the petitioners within the stipulated time provided in para-1
hereinabove, failing which the matter shall be brought to the notice
of this Court.
(Vikash Jain, J)
Ibrar//-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 02.12.2021
Transmission Date N.A.
