Dismissed

Shiv Shankar Bhagat v. The State Of Bihar and Ors.

Patna HC9 Oct 2023CWJC/156/2019

Case brief

AI extract

What is this about?

The Patna High Court dismissed a writ petition filed to quash an order in a land mutation case. The Court held that since an alternative statutory remedy was available through an appeal under the Bihar Land Mutation Act, 2011, it would not interfere in its extraordinary jurisdiction.

What did the court decide?

Writ application disposed of; petitioner at liberty to seek remedy before the appropriate forum.

Shiv Shankar Bhagat Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.156 of 2019

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Shiv Shankar Bhagat Son of Late Lakhan Bhagat, resident of Village P.O. P.S.- Obra, District- Aurangabad Bihar.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

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The District Magistrate-cum-Collector, Aurangabad.

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The Additional Collector, Aurangabad.

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The Circle Officer, Obra, District- Aurangabad.

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Girija Bhagat S/o Banshi Bhagat.

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Ashok Bhagat

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Anil Bhagat

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Arun Bhagat

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All Sons of Girija Bhagat, All residents of Village Obra, P.O. + P.S.- Obra, District- Aurangabad (Bihar).

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Birendra Kumar Singh For the Respondent/s : Mr.Md.Khurshid Alam -Aag12

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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2 09-10-2023 Heard learned counsel for the petitioner and learned

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State counsel.

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This writ application has been filed to quash the order dated 04.03.2016 passed by the Circle Officer, Obra in Mutation Case No. 1311 of 2015-16.

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At the very outset, learned counsel for the State raises preliminary objection to the effect that an alternative remedy is available to the petitioner by way of filing appeal under Section 11 of the Bihar Land Mutation Act, 2011 against

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Patna High Court CWJC No.156 of 2019(2) dt.09-10-2023 2/2

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the order impugned.

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Learned counsel for the petitioner does not dispute the above proposition.

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There is no justification coming forth as to why this writ application should be maintained, despite having remedy of statutory appeal available to the petitioner against the order impugned.

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In the above view of the matter, this Court is not inclined to interfere in the matter in its extra-ordinary writ jurisdiction.

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The writ application stands disposed with an observation that the petitioner shall be at liberty to seek remedy before the appropriate forum as may be available to him in accordance with law.

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It goes without saying that if any question of limitation arises before the competent authority, the same shall be considered taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India.

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(Prabhat Kumar Singh, J)

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anay/-

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Shiv Shankar Bhagat v. The State Of Bihar and Ors.

Case brief

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Shiv Shankar Bhagat v. The State Of Bihar and Ors.

Case brief

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