Dismissed

Ramdeo Tiwary v. the State of Bihar and Ors.

Patna HC25 Jul 2016CWJC/9735/2012

Case brief

AI extract

What is this about?

Single judge dismissed the writ petition challenging a dismissal of a mutation revision case, holding that the petitioner has an alternative remedy before the Bihar Land Tribunal under Section 9 of the Bihar Land Tribunal Act, 2009.

What did the court decide?

Petition dismissed; liberty granted to approach the Bihar Land Tribunal for appropriate relief regarding the lands in question.

Ramdeo Tiwary Vs the State of Bihar and Ors. — Land Acquisition | Patna HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9735 of 2012

¶2

====================================================== Ramdeo Tiwary, Son Of Late Radha Tiwary, Resident Of Village - Rampur, P.S.- Karamchat, District - Kaimur

¶3

.... .... Petitioner/s Versus 1. The State Of Bihar 2. The Anchaladhikari, Rampur, P.S.- Rampur, District - Kaimur 3. The D.C.L.R., Bhabhua 4. The District Magistrate-Cum-Collector, Kaimur (Bhabhua) 5. The Additionl Collector, Kaimur (Bhabhua) 6. Sri Binaypati Tiwary, Son Of Late Kailashpati Tiwary, Resident Of Village - Lilli, P.S.- Karamchat, District - Kaimur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rama Nand Poddar For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER

¶4

3 25-07-2016 The petitioner is aggrieved by the order dated 25.01.2012 passed in Mutation Revision Case No.7 of 2007-08/7 of 2008-09 by the Additional Collector, Kaimur, Bhabhua, as contained in Annexure-3 to the writ petition, whereby the aforesaid mutation revision case filed on behalf of the petitioner has been dismissed and the order passed by the appellate authority has been affirmed.

¶5

In the considered opinion of this Court, against the order impugned, the petitioner has an alternative and efficacious remedy before the learned Bihar Land Tribunal, Patna in view of the provisions contained in Section 9 of The Bihar Land Tribunal Act, 2009.

¶6

It is well settled that the issues of facts must be raised on behalf of the parties and conclusively decided, at the first instance, by the statutory authorities and only thereafter the

¶7

Patna High Court CWJC No.9735 of 2012 (3) dt.25-07-2016

¶8

¶9

powers of judicial review of the High Court under Article 226 of the Constitution of India may be invoked.

¶10

In above view of the matter, the present writ petition is dismissed, but a liberty is granted to the petitioner to approach the learned Bihar Land Tribunal, Patna for grant of appropriate relief(s) with respect to the lands in question as also the order impugned.

¶11

(Birendra Prasad Verma, J)

¶12

Arvind/-

¶13

Ramdeo Tiwary v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Ramdeo Tiwary v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jhalakjota Devi and Ors. Vs the State of Bihar and Ors.

Sri Akhilesh Kumar and Ors. Vs the State of Bihar and Ors.

Triloki Mandal and Ors. Vs the State of Bihar and Ors.

Avinash Singh Vs the State of Bihar and Ors.

Arjun Prasad Yadav Vs the State of Bihar and Ors.

Fakruddin Khan and Ors. Vs the State of Bihar and Ors.