The petitioner challenged an order of the Bihar Land Tribunal which quashed the Collector's decision on mutation appeals for lack of jurisdiction. Held that the Tribunal order was not illegal and the writ petition was dismissed.
The writ petition is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22081 of 2019
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Madan Mohan Rai @ Madan Mohan Ray S/o- Late Hargobind Rai @ Harigu Bind Ray, Resident of Village- Sher, P.S.- Sidhwalia, District- Gopalganj.
... ... Petitioner/s
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Onkar Nath For the Respondent/s : Mr.Raj Kishore Roy (Gp18)
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 13-11-2019 Heard both sides.
The learned Chairman, Bihar Land Tribunal, Patna held that the order passed by the Collector in Mutation Appeal Nos. 12/12, 13/12 and 14/12 are without jurisdiction and quashed the same as the Collector has no authority to hear mutation appeal. The appellate authority under the Mutation Act is DCLR.
Having considered the facts, I do not find any illegality in the impugned order. This writ petition is, accordingly, dismissed.
BKS/-
(Prabhat Kumar Jha, J)
U
2 issues framed by the court
Whether the order of the Bihar Land Tribunal quashing the Collector mutation appeals was subject to writ jurisdiction and whether the District Collector had jurisdiction to hear such appeals.
Whether the impugned order passed by the Bihar Land Tribunal was arbitrary and without jurisdiction regarding mutation appeals.
Madan Mohan Rai @ Madan Mohan Ray
The State of Bihar through Principal Secretary, Land Reforms, Bihar, Patna
The District Magistrate-cum-Collector, Gopalganj
The Land Reforms Deputy Collector, Gopalganj
The Circle Office, Sidhwalia, Gopalganj
Sri Bhrigunath Rai
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
