Patna High Court
Ajit Kumar Singh @ Ajit Singh @ Ajit Kumar vs The State Of Bihar on 8 August, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11677 of 2024
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Ajit Kumar Singh @ Ajit Singh @ Ajit Kumar S/o Hiralal Singh Resident of
Village- Baliya Tole Chain Bhagat, P.O.- Baliya, P.S.- Maharajganj, District-
Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary Department of
Revenue and Land Refrom, Patna, Bihar.
2. The Collector, Siwan.
3. The Additional Collector, Siwan.
4. Saphediya Devi W/o Sudama Singh, Resident of Village- Chamukha, P.S.-
Pachrukhi, District- Siwan. At present D/o- Late Lagan Mahto @ Ram
Lagan Mahto Resident of village- Naihar Ballia Tole Chain Bhagat, P.O.-
Baliya, P.S and Block- Maharajganj, District- Siwan.
5. Madhav Singh S/o Late Dashai Singh, Mother- Late Rupa Devi, Maternal
Father- Lagan Mahto @ Ram Lagan Mahto, Village- Jiyadi Tola, P.S.- Jamor
Bazar, District- Siwan.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Amarendra Kumar, Advocate
For the Respondent/s : Mr. Manoj Kumar Ambastha, SC- 26
Mr. Subodh Kumar, AC to SC- 26
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL JUDGMENT
Date : 08-08-2024
Heard learned counsel for the petitioner and learned
counsel for the State.
2. At the outset, learned counsel for the petitioner is
permitted to make necessary correction in paragraph No. 1 of
the writ application.
3. The present writ application has been filed for the
following relief/s:-
Patna High Court CWJC No.11677 of 2024 dt.08-08-2024
2/3
"1. That this is an application for
issuance of a writ in the nature of certiorari
for quashing the order dt 07.02.2024
passed in Mutation revision Case no.
113/2021-22
(111/2021-22, 112/2021-22)
whereby and where under, the Mutation
order dt 31.03.2020 passed by C.O.
Maharajganj in favour of petitioner, which
is 19/20-21 A conformed in appeal No.
14/20-21 dt 12.06.2021 passed by D.C.L.R.
Maharajganj was set aside on nonest
ground and without considering the fact
that alleged land is in possession of
petitioner and rent also paid by him and
bearing T.S. no. 304/2021 is pending
between parties."
4. At the outset, learned counsel for the State submits
that the petitioner is having an alternative remedy before the
Bihar Land Tribunal under Section 9(2) of the Bihar Land
Tribunal Act, 2009, by filing an application against the final
order passed by the Appropriate Authorities.
5. Considering the fact that the petitioner is having an
alternative remedy, the petitioner is directed to file application
before the Bihar Land Tribunal as per the provisions of Section
9(2) of the Bihar Land Tribunal Act, 2009 within a period of
four weeks along with application of condonation of delay in
Patna High Court CWJC No.11677 of 2024 dt.08-08-2024
filing the application and the Bihar Land Tribunal, after
considering the fact that the petitioner was pursuing his remedy
before this Court, will condone the delay and dispose of the
same in accordance with law.
6. With the aforesaid observation/direction, the
present writ application stands disposed of.
(Rudra Prakash Mishra, J)
Raj Kishore/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 14-08-2024
Transmission Date N/A
