In a writ petition challenging the cancellation of jamabandi, the Court held that the petitioner must first exhaust the statutory remedy of appeal before the Collector under Section 9(6) of the Bihar Land Mutation Act, 2011.
Writ petition disposed of with liberty to the petitioner to approach the Collector, Ara, Bhojpur, for a statutory appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14430 of 2024
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Banarsi Giri, S/o Late Ambika Giri, resident of Village-Mahadeo Mandir, P.S.-Ara Nagar, Distt.-Bhojpur (Ara).
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Anirudh Pandey, Advocate For the Respondent/s : Mr. Udaybhan Singh, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
petitioner and Mr. Udaybhan Singh, learned Advocate for the State.
Patna High Court CWJC No.14430 of 2024(2) dt.23-09-2024 2/3
against the order cancelling the jamabandi, the petitioner has approached before the Bihar Land Tribunal in BLT Case No. 489 of 2024, wherein the afore-noted case has been rejected with the liberty to the petitioner to approach before the competent Court.
Patna High Court CWJC No.14430 of 2024(2) dt.23-09-2024 3/3
within the stipulated period, the Collector shall consider the same and dispose of the appeal preferably within a further period of 12 weeks.
(Harish Kumar, J)
supratim/-
U
1 issue framed by the court
Whether the writ petition invoking jurisdiction under Article 226 constitutes a maintainable approach considering the availability of statutory remedies.
2 provisions across 2 enactments
Banarsi Giri
The State of Bihar
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
