Krishna Sahni Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

Krishna Sahni Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief on the writ reliefs. Writ application disposed of with liberty to the petitioner to move before the competent authority/forum available in accordance with law (identified by the State as the statutory alternative remedy of an application before the Bihar Land Tribunal), with an observation that the concerned authority/forum shall have regard to the present proceeding while considering condonation of delay, if applicable.

Issue for consideration

Whether the order dated 09/02/2015 passed by the Court of Commissioner, Tirhut Division, Muzaffarpur in Revenue Revision Case No. 31/2000-01 rejecting the petitioner's revision petition should be quashed. +2 more

Ratio / Principle

Since counsel for the State pointed out the statutory alternative remedy of an application before the Bihar Land Tribunal against the impugned order, and counsel for the petitioner did not dispute that proposition, the writ application is disposed of with liberty to the petitioner to move before the competent authority available to him in accordance with law.

Key takeaways

If the petitioner approaches the appropriate forum, the concerned authority/forum shall have regard to the present proceeding pursued by the petitioner while considering any issue relating to condonation of delay, if applicable.ratio¶34

Detailed headnote1 paragraphs

Patna High Court (Prabhat Kumar Singh, J.), Civil Writ Jurisdiction Case No.6752 of 2016, decided 01-02-2024 - Krishna Sahni v. The State of Bihar and others. The petitioner sought quashing of the order dated 09/02/2015 passed by the Court of Commissioner, Tirhut Division, Muzaffarpur in Revenue Revision Case No. 31/2000-01 rejecting his revision petition, together with a direction to the respondent authorities to mutate his name as per title and possession over land bearing Khata No. 608, Khesra Nos. 4009 and 4910 in Village Mansinga, P.S. Sugauli, District East Champaran, as earlier directed by the Circle Officer, Sugauli. At hearing, learned counsel for the State submitted that the petitioner had the statutory alternative remedy of applying before the Bihar Land Tribunal against the impugned order; counsel for the petitioner did not dispute this. The Court accordingly disposed of the writ application with liberty to the petitioner to move the competent authority in accordance with law, clarifying that if he approaches the appropriate forum, the concerned authority/forum would have regard to the pending proceeding while considering any issue of condonation of delay.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6752 of 2016

======================================================

Krishna Sahni S/o Ram Chandra Sahani, resident of Village- Mansinga, P.S. Sugauli, District- East Champaran.

... ... Petitioner/s

Versus

The State Of Bihar

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

The Commissioner, Tirhut Pramandal at Muzaffarpur.

The District Magistrate-cum-Collector, East Champaran, Motihari.

The Deputy Collector Land Reforms, Sadar, Motihari.

The Circle Officer, Sugauli.

Ram Chandra Sahni S/o Sukhdeo Sahani

Lachhuman Sahani S/o Nami SAhni

Chandrika Sahani

Ambika Sahni Both S/o Indradeo Sahni

Patwari Sahni S/o Gudar Sahani

Satyadeo Sahani S/o Mahadeo Sahani

Raktu Sahni

Ramdeo Sahani Both S/o Jhingan Sahni

Bachu Singh S/o Kapildeo Singh

Ramgray Sahani

Suresh Sahani @ Suresh Rai Both S/o Chetu Raut @ Chetu Rai All resident of Village- Madhu Matti, P.S. Sugauli, District- East Champaran.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Shambhu Sharan Singh, Advocate For the Respondent/s : Mr. Aag11- A.K.Keshari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 01-02-2024 Heard the learned counsel for the parties.

Patna High Court CWJC No.6752 of 2016(2) dt.01-02-2024 2/3

This writ application has been filed for the following reliefs:-

(I) For quashing the order dated 09/02/2015 passed in Revenue Revision Case No. 31/2000-01 passed by the Court of Commissioner Tirhut Division, Muzaffarpur, whereby the revision petition filed by the petitioner has been rejected without proper consideration of the submission made on behalf of the petitioner.

(II) For a direction upon the respondent authorities to mutate the name of petitioner as per his title and possession over the land bearing Khata No. 608 Khesra No. 4009 and 4910 of area 4 Bigha 14 Katha 16 dhur and 06 Bigha 13 Katha 15 dhur, respectively, situated under Village Mansinga Anchal P.S.-Sugauli, District- East Champaran, as earlier directed by the Circle Officer, Sugauli.

At the very outset, learned counsel for the State submits that petitioner has statutory alternative remedy of making application before Bihar Land Tribunal against the order which are impugned.

Patna High Court CWJC No.6752 of 2016(2) dt.01-02-2024 3/3

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

In the aforesaid facts and circumstances of the case, this writ application is disposed of with an observation that petitioner is at liberty to move before the competent authority which may be available to him in accordance with law.

It is made clear that petitioner approaches the appropriate forum, the concerned authority/forum would have regard to the present proceeding being pursued by the petitioner, while considering any issue relating to condoning of delay, if applicable.

Accordingly, this writ application stands disposed

of.

(Prabhat Kumar Singh, J)

Koushik/-

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