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Bihar State Sugar Corporation Limited and Ors. v. The State Of Bihar and Ors.

Patna HC17 Mar 2025CWJC/3517/2017

Case brief

AI extract

What is this about?

Patna High Court; CWJC No.3517 of 2017; decided 17-03-2025; Nawneet Kumar Pandey, J.; Bihar State Sugar Corporation Limited v. The State of Bihar; alternative remedy; Section 9, Bihar Land Tribunal Act, 2009; Bihar Land Tribunal; mutation revision; Mutation Revision Case No. 79/2005-06; Mutation Revision Case No. 284/1999; order dated 20.06.2012 of Divisional Commissioner, Saran; Collector Siwan; Bihar Mutation Law 2011; writ petition disposed of with liberty to approach the Bihar Land Tribunal.

What did the court decide?

Writ petition disposed of with the liberty aforesaid, i.e., liberty to the petitioner to challenge the impugned order dated 20.06.2012 before the Bihar Land Tribunal under Section 9 of the Bihar Land Tribunal Act, 2009; no relief on the merits of the mutation revision was granted. ¶34

Bihar State Sugar Corporation Limited and Ors. Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the High Court should interfere in writ jurisdiction with the Divisional Commissioner's order dated 20.06.2012 in Mutation Revision Case No. 79/2005-06 when an alternative remedy is available to the petitioner before the Bihar Land Tribunal under Section 9 of the Bihar Land Tribunal Act, 2009.

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Court's answer

The impugned order dated 20.06.2012 was passed after the Bihar Land Tribunal Act, 2009 came into force, and as per Section 9 of that Act the impugned order may be challenged before the Bihar Land Tribunal.

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Ratio / Principle

Since an alternative remedy is available to the petitioner, the Court found it improper to interfere with the impugned order in writ jurisdiction.

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Detailed headnote1 paragraphs

Patna High Court (Nawneet Kumar Pandey, J.), CWJC No.3517 of 2017, decided 17-03-2025: Bihar State Sugar Corporation Limited and others challenged the order dated 20.06.2012 passed by the Divisional Commissioner, Saran in Mutation Revision Case No. 79/2005-06, whereby the Commissioner, treating the matter as a 'second revision', set aside the revisional order of the Collector, Siwan in Mutation Revision Case No. 284/1999 and directed the parties to await the outcome of suits pending before the Sub-Judge, Chapra, with liberty to file fresh mutation petitions before the Circle Officer under the Bihar Mutation Law 2011. HELD: the impugned order was passed after the Bihar Land Tribunal Act, 2009 came into force, and as per Section 9 of that Act the impugned order may be challenged before the Bihar Land Tribunal; since an alternative remedy was available to the petitioner, the Court did not consider it proper to interfere in writ jurisdiction and disposed of the writ petition with the liberty aforesaid.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3517 of 2017

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Bihar State Sugar Corporation Limited through its Managing Director came Office, News Secretariat, Vikas Bhawan, Patna

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The Managing Director - Bihar State Sugar Corporation Limited, Camp office, New Secretariat Vikas Bhawan, Patna

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Bihar State Sugar Corporation, Siwan Unit, Siwan through its General Manager, Camp Office, Vikas Bhawan, News Secretariat, Patna

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... ... Petitioner/s

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Versus

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The State Of Bihar through the Divisional Commissioner, Saran at Chapra

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The Divisional Commissioner, Saran at Chapra

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The Collector, Siwan

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The Addl. Collector, Siwan

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The D.C.L.R., Siwan

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The Circle Officer Hussainganj, District Siwan District

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Dr. Harun Ahmed, Son of Late Latif Ahmed,

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Bibi Tahzuban Nissa, Wife of Late Rehan,

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Bibi Kamrun Nissa, Wife of Jafarul Aslam,

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Aisha Khatoon, Wife of Mahboob, All residents of K.B. Nursing Home Babuniya Road, P.S. Siwan, Town and District - Siwan

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Smt. Sunita Verma, Wife of Sri Jitendra Nath, resident of Naya Bazar Siwan, P.O. P.S. Town and District - Siwan

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Smt. Draupadi Dwivedi, Wife of Sri Ram Adiwas Dwivedi, resident of village - Ugo, P.S. Raghunathpur, District - Siwan

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Subhash Chandra Prasad, Son of Kapoor Chand Prasad, resident of Nishi Agency, Gola Road, Hospital More, P.S. Town and District - Siwan

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Gyan Shankar For the Respondent/s : Mr.Rishi Raj Sinha-Sc19 For BSSC : Mr.Gyan Shankar, Adv. Ms.Ankita Roy, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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6 17-03-2025 Heard the parties.

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The present writ petition has been filed by the

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Patna High Court CWJC No.3517 of 2017(6) dt.17-03-2025 2/3

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petitioner for following reliefs:-

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(i) for setting aside the order dated 20.06.2012 passed by the respondent commissioner of Saran Division in Mutation Revision Case No. 79/2005-06, as instituted at the instance of respondents IInd set herein, whereby and whereunder the court of respondent commissioner with grave jurisdictional error treating the said mutation Revision as "second revision" allowed the same by setting aside the Revisional order passed by the collector, siwan District in Mutation Revision Case No. 284/1999 and whereby the parties were further directed by the court of commissioner outcome of the to wait for the existing suits pending before the Sub-Judge, Chapra and also granted liberty to the parties to file fresh petition for mutation before the Circle Officer which would be disposed in accordance with new Bihar Mutation Law 2011.

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(ii). For directing the respondent Circle Officer not to entertain any mutation proceeding over the land in question.

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(iii). For stay of operation of impugned order dated 20.06.2012 during pendency of the present proceeding.

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The Divisional Commissioner, exercising his

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revisional jurisdiction, passed the impugned order dated 20.06.2012 in Mutation Revision Case No. 79/2005-06. The impugned order has been passed after coming into force of the Bihar Land Tribunal Act, 2009, and as per Section 9 of the Bihar Land Tribunal Act, 2009, the impugned order may be challenged before the Bihar Land Tribunal.

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Patna High Court CWJC No.3517 of 2017(6) dt.17-03-2025 3/3

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