Bindu Kumari Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

Bindu Kumari Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with liberty to the petitioner to file her appeal under Section 9(6) of the Bihar Land Mutation Act, 2011 before the Collector, Nalanda at Biharsharif (Respondent no.3) within 30 days, with any filing delay condoned, and the Collector directed to pass order within 90 days of completion of appearance of all concerned.

Issue for consideration

Whether the writ petition seeking quashing of the order dated 20.03.2018 in Jamabandi Cancellation Case No.23/2016 should be adjudicated by the High Court despite the petitioner having a statutory appellate remedy under Section 9(6) of the Bihar Land Mutation Act, 2011 before the district Collector.

Court's answer

In view of the statutory appellate remedy available to the petitioner, the writ petition was disposed of rather than adjudicated, with liberty granted to the petitioner to avail her remedy of appeal before the appellate forum, i.e., the Collector, Nalanda at Biharsharif (Respondent no.3), within 30 days.

Ratio / Principle

Respondent no.3 (the Collector, Nalanda at Biharsharif) was directed to pass order in the appeal within 90 days from the date of completion of appearance of all concerned.

Key takeaways

Any delay in filing the appeal before the Collector was expressly directed to be condoned.ratio¶26

Detailed headnote1 paragraphs

Writ petition — alternative statutory remedy — jamabandi cancellation. Petitioner sought direct quashing by writ of the order dated 20.03.2018 passed in Jamabandi Cancellation Case No.23/2016 (Annexure-2). The State objected that the petitioner had a statutory appellate remedy under Section 9(6) of the Bihar Land Mutation Act, 2011 (Act No. 23 of 2011) before the district Collector, which she had bypassed. On counsel for the petitioner accepting the point and seeking liberty, the High Court (Dr. Anshuman, J) disposed of the writ petition, granting liberty to appeal to the Collector, Nalanda at Biharsharif (Respondent no.3) within 30 days, expressly condoning any delay in filing, and directing the Collector to pass order within 90 days from completion of appearance of all concerned.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17254 of 2018

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

Bindu Kumari Wife of Sri Jalaj Kumar, Resident of Village- Bhadari, P.S.Silao, District- Nalanda at Biharsharif.

... ... Petitioner/s

Versus

The State Of Bihar through the Principal Secretary, Revenue, Land & Reforms Department, Bihar, Patna.

Additional Secretary, Revenue and Land Reforms Department, Bihar, Patna.

The Collector, Nalanda at Biharsharif.

The Additional Collector, Nalanda at Biharsharif.

The District Land Acquisition Officer, Nalanda-cum-competent Authority, N.H.- 82, District- Nalanda

The Circle Officer, Silao, District- Nalanda at Biharsharif.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Indu Bhushan, Advocate For the State : Mr. Dhurjati Kumar Prasad (GP-14) ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

3 03-03-2025

Heard Learned Counsel for the petitioner and Learned

Counsel for the State.

The present writ petition has been filed for quashing of the order dated 20.03.2018 passed in Jamabandi Cancellation Case No.23/2016 (annexed as Annexure-2).

Learned Counsel for the State raised preliminary objection and submits that petitioner has statutory remedy under Section 9(6) of the Bihar Land Mutation Act, 2011 (Act No. 23 of 2011) to challenge the order before the district Collector. But instead of challenging the order before the district Collector,

Patna High Court CWJC No.17254 of 2018(3) dt.03-03-2025 2/2

petitioner has directly move before this Hon’ble Court.

Learned Counsel for the petitioner submits that in the light of the objection raised by Counsel for the State, liberty may be granted to prefer the appeal before the appropriate forum.

In the light of the submissions made, this writ petition is hereby disposed off granting liberty to the petitioner to avail her remedy of appeal before the appellate forum i.e. The Collector, Nalanda at Biharsharif (Respondent no.3) within 30 days from today and Respondent no.3 shall pass order within 90 days from the date of completion of appearance of all concerned.

It is made clear that the delay if any in filing the appeal is hereby directed to be condoned.

(Dr. Anshuman, J)

Divyansh/-

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