Patna High Court
Mosmat Devki Devi 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.5301 of 2018
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1. Mosmat Devki Devi, wife of Late Parsuram Yadav
2. Mosmat Tara Devi, wife of Late Bindeshwari Yadav
3. Mosmat Sita Devi @ Sonia Devi, wife of Late Parmeshwari Yadav
4. Mosmat Umda Devi, wife of Late Bhogi Lal Yadav
5. Ramchandra Yadav, son of Late Bhogi Lal Yadav
6. Yogendra Yadav, son of Late Bhogi Lal Yadav
7. Bhupendra Yadav, son of Late Bhogi Lal Yadav
8. Sikendra Yadav, son of Late Bhogi Lal Yadav
10. Mosmat Amro Devi, wife of Late Asharfi Yadav
11. Surya Narayan Yadav, son of Late Asharfi Yadav
12. Gugli Yadav, son of Late Asharfi Yadav
13. Banarsi Yadav, son of Late Laljee Yadav
14. Parmeshwari Devi, wife of Sukhdeo Yadav
15. Ram Bilash Yadav, son of Late Dev Narayan Yadav @ Debu Yadav
16. Raj Kumar Yadav, son of Late Dev Narayan Yadav @ Debu Yadav
17. Raj Karan Yadav, son of Late Dev Narayan Yadav @ Debu Yadav
18. Bechan Yadav @ Bachchan Prasad Yadav, son of Dukhi Yadav
19. Kameshwar Yadav, son of Late Lal Bihari Yadav
20. Manoj Yadav, son of Late Lal Bihari Yadav
21. Binod Yadav, son of Late Lal Bihari Yadav,
All residents of Village - Saraigarh, P.S. - Kishanpur, District - Supaul.
.. ... Petitioner/s
Versus
1. The State of Bihar through the Collector, Supaul.
2. The Collector, Supaul.
3. The Additional Collector, Supaul.
4. The District Land Acquisition Officer, Supaul.
5. The D.C.L.R., Supaul.
6. The Circle Officer, Saraigarh, Bhaptiyahi, P.O. - Saraigarh, District - Supaul.
... ... Respondent/s
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Patna High Court CWJC No.5301 of 2018 dt.01-08-2024
2/4
Appearance :
For the Petitioner/s : Mr. Ganpati Trivedi, Sr. Advocate
Mr. Manoj Kumar Jha, Advocate
For the Respondent/s : Mr. Saurabh Kumar, AC to SC-19
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 01-08-2024
Heard Mr. Ganpati Trivedi, learned Senior Advocate
for the petitioners and Mr. Saurabh Kumar, learned Advocate for
the State.
2. The petitioners are aggrieved by the order dated
19.12.2014
passed by the Additional Collector, Supaul in
Jamabandi Cancellation Case No. 13 of 2012-13 / 28 of 2012-
13, whereby and whereunder the Jamabandis have been
cancelled, which were standing in the name of petitioners and
their ancestors.
3. While assailing the impugned order of the
Additional Collector, learned Senior Advocate contended that
apart from the impugned order being illegal, arbitrary and with
an intention to deprive the petitioners from getting
compensation of their lands, which has been acquired under the
Land Acquisition Act for construction of Koshi Rail Maha Setu,
the same suffers from the vice of discrimination. However, after
some argument, confronting with the situation that against the
order of the Additional Collector cancelling the Jamabandis,
Patna High Court CWJC No.5301 of 2018 dt.01-08-2024
there is a provision of appeal before the Collector and thereafter
the provision of revision before the Divisional Commissioner
under the Bihar Land Mutation Act, 2011 (hereinafter referred to
as 'the Act, 2011'); the learned senior counsel contended that the
order suffers from the vice of arbitrariness and makes the order
illegal, thus the High Court exercising the jurisdiction under
Article 226 of the Constitution can interfere in the matter.
4. On the other hand, learned Advocate for the State
submitted at the Bar that the petitioners have statutory remedy
available under the Act, 2011. It is also contended that the order
of Additional Collector was passed way back in the year 2014
and the petitioners have approached this Court in the year 2018
and thus the delay has caused on the part of the petitioners.
5. Considering the submissions advanced on behalf of
the respective parties and taking note of the fact that the
petitioners have/had the statutory remedy available under the
Bihar Land Mutation Act, 2011; this Court does not find any
reason to interfere in the present writ petition.
6. Suffice it to say that if the petitioners file an
appropriate appeal along with an application for condonation of
delay before the Collector, he shall consider the application
taking note of the fact that the matter was pending before this
Patna High Court CWJC No.5301 of 2018 dt.01-08-2024
Court since 2018.
9. The writ petition stands disposed of with the liberty
aforesaid.
(Harish Kumar, J)
Jyoti/uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.08.2024
Transmission Date NA
