Disposed

Manish Kumar v. The State of Bihar

Patna HC3 Jan 2024CWJC/11167/2023

Case brief

AI extract

What is this about?

Writ petition challenging a Circle Officer's mutation order was disposed of as an appeal lay under the Bihar Land Mutation Act, 2011. Liberty granted to approach the competent authority, with limitation to be considered in light of the petitioner pursuing remedies before the High Court.

What did the court decide?

Liberty to petitioner to move the competent appellate authority; limitation to be considered considering pendency before High Court.

Manish Kumar Vs The State of Bihar — Property and Title | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11167 of 2023

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Manish Kumar, S/o Lalita Kishore Prasad, R/o Village- Barwa, P.S.- Areraj, District- East Champaran.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Revenue Department, Government of Bihar.

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The District Collector, Motihari, East Champaran.

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The Additional Collector, Motihari, East Champaran.

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The Deputy Collector, Land Reforms, Areraj, East Champaran.

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The Circle Officer, Harsiddhi, East Champaran.

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... ... Respondent/s

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Appearance :

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For the Petitioner : Mr. Saurav Singh, Advocate For the State : Mr. Raj Kishore Roy, GP-18

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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2 03-01-2024

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Heard learned counsels for the parties.

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This writ application has been filed for the

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following reliefs:-

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“A. For issuance of writ in the nature of certiorari to set aside the order dated 15.03.2023 passed by the Circle Officer, Harsiddhi and he also be directed to issue mutation order in favour of the petitioner in the light of the observation made by the D.C.L.R. in order dated 07.09.2022 passed in Mutation Appeal Case No. 14/2223.

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B. For any other reliefs to which the petitioner is found entitled to in the facts and circumstances of this case.”

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At the outset, learned counsel appearing on behalf

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of the respondent-State raises preliminary objection to the effect

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Patna High Court CWJC No.11167 of 2023(2) dt.03-01-2024 2/2

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that the petitioner has got alternative remedy of appeal against the order impugned before the D.C.L.R. under the Bihar Land Mutation Act, 2011.

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

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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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This writ application is disposed of with liberty to the petitioner to move before the competent authority, which 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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shashank/- U

Manish Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Manish Kumar v. The State of Bihar

Case brief

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What did the court decide?

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