Disposed

Akhilesh Kumar v. The State of Bihar

Patna HC17 Jan 2020CWJC/431/2020

Case brief

AI extract

What is this about?

In a writ petition regarding jamabandi cancellation, the Court held that the petitioners had not exhausted their alternative remedy as they did not appeal to the Collector. The writ was withdrawn on a direction that they must file an appeal within 30 days. The Collector was directed to dispose of the appeal on merit within six months without limiting them for time.

What did the court decide?

Disposed as withdrawn on direction to file appeal before Collector within 30 days; Collector to decide upon merits within six months.

Akhilesh Kumar Vs The State of Bihar — Land Acquisition | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.431 of 2020

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Akhilesh Kumar son of Bhuvneshwari Prasad Yadav Resident of VillageKasaha, Panchayat- Latauna Uttar, P.O. and P.S.- Triveniganj, DistrictSupaul, PIN- 852139.

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Ramanand Yadav son of Bhubneshwari Yadav Resident of Village- Latauna, Ward No.- 13, P.O. and P.S.- Triveniganj, District- Supaul, PIN- 852139.

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Punam Devi wife of Suresh Kumar Chaudhary Resident of VillagePatarghatti, Ward No- 10, P.O. and P.S.- Triveniganj, District- Supaul, PIN852139.

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... ... Petitioner/s

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Versus

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The State of Bihar

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The Principal Secretary, Land Reform and Revenue Department, State of Bihar, Patna.

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The Divisional Commissioner, Koshi Division, Saharsa.

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The Collector-cum- District Magistrate, Supaul.

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The Additional Collector, Supaul.

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The Deputy Collector Land Reforms, Triveniganj, District- Supaul.

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The Circle Officer, Triveniganj, District- Supaul.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Pranav Kumar For the Respondent/s : Mr.Md. Khursid Alam ( AAG12 )

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 17-01-2020 Heard both sides.

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The petitioners have filed this writ petition against the

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order dated 11.05.2018 passed by Additional Collector, Supaul in Jamabandi Cancellation Case No.36 of 2017, 4 of 2017-18 in view of the provisions as contained in Section 9(6) of the Bihar Mutation Act. There is a provision of appeal against the order of the Additional Collector passed under Section 9(1) of the Act.

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Patna High Court CWJC No.431 of 2020(2) dt.17-01-2020 2/2

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The petitioner has not exhausted the alternative remedy by filing appeal before the Collector.

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In this view of the fact, the learned counsel for the petitioners seeks permission to withdraw this writ petition with liberty to present memo of appeal against the order dated 11.05.2018 passed in Jamabandi Cancellation Case No.36 of 2017, 4 of 2017-18.

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Having considered the facts, I dispose of this writ petition with a direction to the petitioners to present the appeal before the Collector within 30 days from the date of receipt of this order and on such, the Collector shall dispose of the appeal of the petitioners on merit without unsuiting the petitioners on the ground of limitation within six months.

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With the aforesaid direction, this writ petition is disposed of as withdrawn.

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(Prabhat Kumar Jha, J)

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Saurabh/-

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Akhilesh Kumar v. The State of Bihar

Case brief

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Akhilesh Kumar v. The State of Bihar

Case brief

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