Dismissed

Pratima Devi v. The State of Bihar

Patna HC19 Sept 2024CWJC/14198/2024

Case brief

AI extract

What is this about?

The High Court of Judicature at Patna disposed of a writ petition challenging illegal mutation of land. The court held that a statutory remedy under the Bihar Land Mutation Act exists, directing the petitioner to approach the Additional Collector instead of approaching the writ court directly.

What did the court decide?

Liberty to approach the Additional Collector for cancellation of jamabandi.

Pratima Devi Vs The State of Bihar — Land Acquisition | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14198 of 2024

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Pratima Devi, W/o Awdhesh Paswan, Resident of Village- Uchauli, P.S. - Madanpur, Anchal - Madanpur, District- Aurangabad, Bihar present address village - Jhikatiya, P.O. - Rukundee P.S. Bandeya, Anchal - Goh, Anumandal- Daudnagar, District- Aurangabad, Bihar.

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Gauri Devi @ Ranju Devi, Wife of Upendra Paswan, resident of villageChhatoi, P.O.- Manikpur, P.S. - Kurtha, Anchal- Kurtha, Anumandal- Arwal district- Arwal Bihar, present address village- Jhikatiya, P.O.- Rukundee, P.S. Bandeya, Anchal - Goh, Anumandal - Daudnagar, 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, Revenue and Land Reforms Dept. Govt. of Bihar, Patna.

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The Commissioner, Magadh Pramandal Gaya, Bihar.

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The District Magistrate, Aurangabad, Bihar.

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The Additional Collector, Aurangabad, Bihar.

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The Deputy Collector Land Reforms (DCLR), Daudnagar, Aurangabad, Bihar.

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The Sub Divisional Officer, Daudnagar, Aurangabad, Bihar.

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The Circle Officer, Goh, Aurangabad, Bihar.

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Brahmdeo Paswan, S/o - Late Jitan Paswan, R/o - Jhikatiya, P.O. - Rukundee, P.S.- Bandeya Anchal- Goh, Anumandal- Daudnagar, DistrictAurangabad, Bihar.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Kedar Yadav, Advocate For the Respondent/s : Mr. Anil Kumar, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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2 19-09-2024 Heard Mr. Kedar Yadav, learned Advocate for the

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petitioners and Mr. Anil Kumar, learned Advocate for the State.

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The petitioners have filed the present writ petition

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by invoking the jurisdiction of this Court, seeking a direction upon the respondent authorities specially the respondent no. 7, the Circle Officer, Goh, Aurangabad to mutate the land in their favour and make recommendation for creating jamabandi in the

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Patna High Court CWJC No.14198 of 2024(2) dt.19-09-2024 2/2

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favour of the petitioners over the land in question, which has been wrongfully and illegally mutated by respondent no. 8 and got a jamabandi in his favour.

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From the nature of grievance it appears that the petitioner is aggrieved by the jamabandi created in favour of the respondent no. 8 in Jamabandi Case No. 1465 of 2023-24 and, as such, the petitioner has statutory remedy prescribed under Section 9 of the Bihar Land Mutation Act, 2011.

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Suffice it to say that if there is any dispute with regard to the facts, the same may be considered and conclusively decided by the Revenue Court and thereafter, the aggrieved party has the remedy to approach before the High Court by invoking the jurisdiction under Article 226 of the Constitution of India.

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This Court does not find merit and, as such, the writ petition stands disposed off, with a liberty to the petitioner to approach before the Additional Collector for cancellation of jamabandi, if he so pleases.

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The writ petition stands disposed off with the aforesaid liberty.

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(Harish Kumar, J)

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supratim/-

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Pratima Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Pratima Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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