Patna High Court - Orders
Bimla Devi vs The State Of Bihar And Ors on 13 March, 2023
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3351 of 2018
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Bimla Devi Wife of Karpuri Sharma, Resident of Village- Singhia Tola,
Khairpura, Police Station- Singhia, District- Samastipur.
... ... Petitioner/s
Versus
1. The State Of Bihar through Principal Secretary, Revenue and Land Reforms,
Government of Bihar, Patna.
2. Collector, Samastipur.
3. Anchal Adhikari, Singhia, District- Samastipur.
4. Punita Devi, Wife of Birendra Singh,
5. Birendra Prasad Singh, Son of Late Jagdeo Singh, Respondent no.4 and 5
are resident of Village- Singhia, Police Station- Singhia, District-
Samastipur.
6. Karpuri Sharma, Son of Shiv Balak Sharma, Resident of Village- Singhia
Tola, Khairpura, Police Station- Singhia, District- Samastipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Singh, Advocate
Mr. Sada Nand Roy, Advocate
For the Respondent/s : Mr. Ram Shankar Prasad, A.C. to G.P.14
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 13-03-2023Heard learned counsel for the parties.
The petitioner has filed the instant application for the following relief(s):
"That this is an application for issuance of writ in the nature of certiorari quashing the order dated 13.12.2017 passed by Collector, Samastipur, in Basgit Parcha Case No.16 of 2015 by which he has cancelled the Basgit Parcha issued in favour of petitioner after setting aside the order of Anchal Adhikari dated 10.12.2013 passed in Basgit Parcha Case No.08 of 2013-14 and or to grant any other relief for which petitioner is entitled in the facts and circumstances of Patna High Court CWJC No.3351 of 2018(3) dt.13-03-2023 2/2 the case."
At the outset, learned counsel for the State submits that the petitioner has an alternate and efficacious remedy of preferring an application/appeal under the Bihar Land Tribunal Act, 2009.
After some argument, learned counsel for the petitioner seeks permission to withdraw this application to prefer an application/appeal before the appropriate authority in accordance with law.
The application stands disposed of as withdrawn with the aforesaid liberty.
In case, the application/appeal is filed within a period of four weeks from today, the authority concerned in considering the petition praying for condoning the delay in filing of the application/appeal shall take into consideration the period for which the instant application was pending in this Court.
(Partha Sarthy, J) Saurabh/-
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