Patna High Court
Rabindra Kumar Pandey And Ors vs The State Of Bihar And Ors on 1 August, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5867 of 2018
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1. Rabindra Kumar Pandey, S/o Late Narvadeshwar Pandey @ Baban Pandey.
2. Jitendra Kumar Pandey, S/o Late Narvadeshwar Pandey @ Baban Pandey.
3. Kanti Devi, W/o Late Narvadeshwar Pandey @ Baban Pandey. All resident
of Village- Ayear, P.S.- Ayear, District- Bhojpur.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The District Collector, Bhojpur.
3. The Addl. Collector, Bhojpur, Aarah.
4. The Deputy Collector, Land Reforms, Sadar Aarah, Bhojpur.
5. The Circle Officer, Sahaar, Bhojpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Subhash Kumar Mishra, Adv.
For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP-14
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 01-08-2024
Heard Mr. Subhash Kumar Mishra, learned counsel
for the petitioners and Mr. Dhurjati Kumar Prasad, learned
counsel for the State.
2. During the pendency of the writ petition, the
petitioner no.3 died on 21.02.2020. Since the legal heirs of
petitioner no.3 has already arrayed as petitioners no.1 and 2 in
the writ petition, there is no need of any substitution.
3. In the aforesaid premise, learned counsel for the
petitioners seeks to expunge the name of petitioner no.3 from
the writ petition. For the said purpose, I.A. No. 1 of 2024 has
been filed.
4. In view thereof, I.A. No. 1 of 2024 stands allowed.
Patna High Court CWJC No.5867 of 2018 dt.01-08-2024
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5. Let the name of petitioner no.3 be expunged from
the writ petition.
C.W.J.C. No. 5867 of 2018
6. The petitioners by invoking the extraordinary writ
jurisdiction of this Court under Article 226 of the Constitution
of India, seek a direction upon the respondent authorities to
ensure mutation of the land in the name of the petitioners
pursuant to the order dated 22.04.2013 passed in Land Ceiling
Case Nos. 3/78-79 and 1/82-83 by Deputy Collector Land
Reforms, Sadar, Aarah. The aforesaid order has also been
confirmed by the Additional Collector, Bhojpur, Aarah vide
order dated 11.09.2013. Despite the application filed before the
Circle Officer, Sahar, Bhojpur, when it has not been brought to
its logical conclusion, the petitioners approached before this
Court.
7. Learned counsel for the State straightway drew the
attention of this Court to the averments made in the counter
affidavit, especially in para-5 thereof and submitted that on
receipt of the copy of the writ petition, the Circle Officer, Sahar
verified its official record, however, no application was found
pending for mutation filed by the petitioners. It is further
contended that two mutation applications giving rise to
Mutation Case No. 308 R 27/2020-21/Sahar and Mutation Case
No. 306 R 27/2020-21/Sahar were filed by petitioners no. 1 and
Patna High Court CWJC No.5867 of 2018 dt.01-08-2024
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2, but both the applications came to be dismissed in view of the
reasons assigned therein vide orders dated 27.02.2022 and
01.10.2021
, respectively.
8. Adverting to the aforesaid facts, learned counsel for
the State, thus submitted that if the petitioners have still any
grievance, they have remedy to assail the order(s) before the
DCLR under Section 7 of the Bihar Land Mutation Act, 2011.
There is further provision of revision under Section 8 and
subsequent thereto, the Bihar Land Tribunal is the remedy. In
such circumstances, filing of the present writ petition is
misconceived and not maintainable on account of a statutory
alternative remedy.
9. This Court finds substance in the submission of
learned counsel for the State and found no merit in the writ
petition. However, for the ends of justice, the writ petition
stands disposed of with a liberty to the petitioners to avail the
remedy of appeal under Section 7 of the Bihar Land Mutation
Act, 2011, if not satisfied with the order passed by the Circle
Officer, Sahar, Bhojpur.
(Harish Kumar, J)
rohit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02-08-2024
Transmission Date
