Petitioner challenged an order cancelling his Jamabandi. The court declined to entertain the writ petition since a statutory appeal lay to the Collector under Section 9(6) of the Bihar Land Mutation Act, 2011, and disposed of it with liberty to appeal.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2187 of 2022
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Sunil Kumar son of Late Jagdish Prasad, Resident of Village and P.O.Bhobhi, P.S.-Nagarnausa, District-Nalanda.
... ... Petitioner/s
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Bipin Bihari Singh For the Respondent/s : Mr. Rishi Raj Sinha (Sc19)
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 03-11-2023
Patna High Court CWJC No.2187 of 2022(3) dt.03-11-2023 2/3
Land Possession Certificate (L.P.C.) by revenue authority repeatedly and further declaration of Title by the learned Court at Hilsa vide order-dated 26th September, 2007 in Title Suit No. 45 of 1997 Smt. Shanti Devi & Ors Versus Shyam Narayan Prasad, whereas, all the documents are under the domain of authority as an author and binding for all purposes and as such the entire exercise of respondent authorities are faulty. defective, excessive and divorce with law, which can't be allow to sustain rather it is fit to be set aside and possession of the land as it was on or before the adverse order dated 11.01.2022 .
3 . However, learned Counsel for the State appears and raises preliminary objections to the effect that an alternative remedy is available to the petitioner with regard to the grievance of the petitioner by way of appeal under sub clause 6 of section 9 of of the “Bihar Land Mutation Act”, 2011 , which reads as follows:-
(6) (a) An Appeal against the order of the Additional Collector shall lie with the Collector of the district within thirty (30) days of the order appealed against.
(b) The Collector of the district may condone the delay in filing appeals provided he is satisfied that there are sufficient reasons for the delay.
(c) The Collector of the district shall not pass any order modifying, altering or setting aside the order appealed against unless the concerned parties have been
Patna High Court CWJC No.2187 of 2022(3) dt.03-11-2023 3/3
given a reasonable opportunity of being heard.
the above proposition of law .
5 . No reason has been assigned as to why this writ petition should be entertained by this Court under Article 226 of the Constitution despite petitioner having statutory remedy of appeal against the impugned order.
(Prabhat Kumar Singh, J)
Koushik/-
U
1 issue framed by the court
Whether the writ petition challenging cancellation of Jamabandi should be entertained despite availability of statutory appeal under Section 9(6) of the Bihar Land Mutation Act, 2011.
2 provisions across 2 enactments
Sunil Kumar son of Late Jagdish Prasad
The State of Bihar
The District Magistrate, Nalanda
The Additional Collector, Nalanda
The Circle Officer, Nagarnausa, District-Nalanda
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
