Patna High Court
Yamuna Upadhyay And Ors vs The State Of Bihar And Ors on 18 November, 2024
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4216 of 2018
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1. Yamuna Upadhyay
2. Devshankar Upadhyay
3. Kameshwar Upadhyay
All sons of Late Buteri Upadhyay All are residents of village - Panapur,
Police Station - Karaghar, District - Rohtas.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Commissioner, Patna Division, Patna.
3. The Deputy Collector, Land Reforms, Sasaram.
4. The Circle Officer, Karaghar, District - Rohtas.
5. Sheo Shankar Upadhyay son of Late Ram Bahal Pathak resident of village -
Baheri, Police Station - Karaghar, District - Rohtas.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Surendra Kumar Choubey, Adv.
For the Respondent/s : Mr. Subhash Chandra Yadav -GP15
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
Date : 18-11-2024
In the instant petition, the petitioners have prayed for
following reliefs:-
"i) Issuance of a writ in the nature of
writ of mandamus directing the respondent
authorities not to create any new entries in the
record of jamabandi register in the name of
respondent no.5 or their purchaser is view of
order passed by the respondent no.2
Commissioner, Patna Division, Patna in Land
Dispute Appeal No. 122/2016.
ii) Issuance of a writ in the nature of
writ of mandamus directing the concerned
Patna High Court CWJC No.4216 of 2018 dt.18-11-2024
respondent authorities to comply with the order
passed in Land Dispute appeal No. 122/2016.
iii) Issuance of appropriate writ(s) or
order(s) or direction to the private respondents
No.5 not to sell the ancestral land or parental
land of the petitioners being son of Late Buteri
Upadhyay as respondent No.5 had already been
adopted by wife of Late Ram Bahal Pathak and
respondent No.5 has no right, title in the land of
Late Buteri Upadhyay after the adoption by
Late Lakho Kuer wife of Ram Bahal Pathak as
respondent no.5 became a natural son heir and
successor of Bahal Pathak after adoption.
iv) Issuance of any other writ(s) or
order(s) or direction(s) which may be deemed
fit and proper in the facts and circumstances of
the case."
2. Learned counsel for the petitioner submits that the
order of DCLR has already been set aside by the Commissioner,
Patna and the petitioners have not put any grievance against any
appropriate authority before approaching this Court.
3. Learned counsel for the State submits that the
petitioner has not availed appropriate remedy against the order
passed by the Commissioner and directly approached this court
without availing alternative remedy and there is no demand
before any competent authority and in the light of aforesaid, the
Patna High Court CWJC No.4216 of 2018 dt.18-11-2024
present petition is not maintainable.
4. Be that as it may, for seeking writ of mandamus,
there must be a demand before the competent authority. At the
same time, duty is cast on the concerned public authority. The
first ingredient of demand before the competent authority is not
forthcoming.
5. Accordingly, the present writ petition stands
disposed of as not maintainable.
6. However, disposal of the writ petition would not be
hurdle for the petitioner to represent his grievance before the
concerned authority within four weeks from the date of receipt
of this order.
7. It is needless to mention that the period spent in
pursuing the matter before this Court be considered
sympathetically while dealing with the aspect of condonation of
delay.
(Alok Kumar Pandey, J)
amitkumar/-
AFR/NAFR AFR
CAV DATE N/A
Uploading Date 19.11.2024
Transmission Date N/A
