Annpurna Choudhary @ Annpurna Devi vs The State Of Bihar on 12 October, 2023

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Patna High Court - Orders

Annpurna Choudhary @ Annpurna Devi vs The State Of Bihar on 12 October, 2023

Bench: Prabhat Kumar Singh

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.7887 of 2023
                 ======================================================
                 Annpurna Choudhary @ Annpurna Devi W/o Dharmendra Kumar Chudhary
                 R/o Village- Panchobh, P.S.- Bisanpur, District- Darbhanga, at Present
                 Mohalla- Bakarganj, Darubhatti Chock, P.S.- Lahariasarai, Dist.- Darbhanga.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Principal Secretary, Revenue and Land Reforms
                 Department, Patna, Bihar.
           2.    The Commissioner, Darbhanga Division, Darbhanga.
           3.    The District Magistrate Cum Collector, Darbhanga.
           4.    The Additional Collector, Darbhanga.
           5.    The Circle Officer, Sadar, Darbhanga.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Baidya Nath Prasad
                 For the Respondent/s   :      Mr.Sajid Salim Khan (Sc25)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   12-10-2023

Heard learned counsel for the petitioner and the State.

2.Writ petition has been filed for quashing order dated 14.2.20203, passed by the Collector in Jamabandi Cancellation Appeal No. 77/2020 by which he has confirmed order dated 7.2.2020, passed by the Additional Collector, Darbhanga in Jamabandi Cancellation Case No. 49/2016-17.

3. Learned counsel for the State submits that the petitioner has got statutory alternative remedy of revision before the Divisional Commissioner under section 15 of the Bihar Land Mutation Act, 2011, as such, without exhausting the remedy of revision, no writ shall lie.

4. The learned counsel for the petitioner does not dispute the proposition made on behalf of the state.

5. In the above view of the matter, this Court is not Patna High Court CWJC No.7887 of 2023(2) dt.12-10-2023 2/2 inclined to interfere in the matter in its extra-ordinary writ jurisdiction.

6. This writ petition is disposed of with a direction and observation that petitioner shall have liberty to move before the appropriate authority within a period of 4 weeks from today.

7. It goes without saying that if any question of limitation arises before the competent authority, the same shall be considered, taking into consideration the fact that the petitioner was pursuing the issue before this Court.

(Prabhat Kumar Singh, J) Shashi U

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Patna High Court - Orders