Patna High Court - Orders
Mahendra Sah vs The State Of Bihar on 1 December, 2023
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8366 of 2023
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1. Mahendra Sah Son of Late Tuntun Sah @ Chunchun Sah, resident of village
Raghepura, P.S. Bisfi Patauna, District - Madhubani.
2. Mahesh Sah, Son of Late Tuntun Sah @ Chunchun Sah, resident of village
Raghepura, P.S. Bisfi Patauna, District - Madhubani.
3. Vishnudev Sah, Son of Late Tuntun Sah @ Chunchun Sah, resident of
village Raghepura, P.S. Bisfi Patauna, District - Madhubani.
4. Shila Devi, Wife of Bhaskar Prasad Sahu, resident of village Raghepura, P.S.
Bisfi Patauna, District - Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary-cum-Principal
Secretary, Department of Revenue and Land Reforms, Government of Bihar,
Patna.
2. The District Magistrate-Collector, Madhubani.
3. The Deputy Collector Land Reforms-cum-Bataidari Magistrate, Benipatti,
District Madhubani.
4. The Subdivisional Officer cum Bataidari Magistrate, Benipatti, District
Madhubani.
5. The Circle Officer, Bisfi, District Madhubani.
6. Sukhnandan Mukhiya, Son of Late Rameshwar Mukhiya, Resident of
village Sohas, P.S. Bisfi, District - Madhubani.
7. Juge Mukhiya, Son of Late Prayag Mukhiya, Resident of village Sohas, P.S.
Bisfi, District - Madhubani.
8. Sreeth Mukhiya, Son of Late Prayag Mukhiya, Resident of village Sohas,
P.S. Bisfi, District - Madhubani.
9. Jagdish Mukhiya, Son of Late Prayag Mukhiya, Resident of village Sohas,
P.S. Bisfi, District - Madhubani.
10. Bindeshwar Sahani, Son of Late Bhola Sahani, Resident of village Sohas,
P.S. Bisfi, District - Madhubani.
11. Jagdeo Mukhiya, Son of Saryug Mukhiya, Resident of village Sohas, P.S.
Bisfi, District - Madhubani.
12. Laxman Mukhiya, Son of Basudeo Mukhiya, Resident of village Sohas, P.S.
Bisfi, District - Madhubani.
13. Srilal Mukhiya, Son of Late Hazari Mukhiya, Resident of village Sohas, P.S.
Bisfi, District - Madhubani.
14. Motilal Mukhiya, Son of Faudar Mukhiya, Resident of village Sohas, P.S.
Bisfi, District - Madhubani.
15. Bechan Mukhiya, Son of Ghuran Mukhiya, Resident of village Sohas, P.S.
Bisfi, District - Madhubani.
Patna High Court CWJC No.8366 of 2023(2) dt.01-12-2023
2/4
16. Ram Briksh Sahani, Son of Late Bhola Sahani, Resident of village Sohas,
P.S. Bisfi, District - Madhubani.
17. Bahadur Mukhiya, Son of Keshwar Mukhiya, Resident of village Sohas, P.S.
Bisfi, District - Madhubani.
18. Sukmariya Devi, Wife of Late Choudhary Mukhiya, Resident of village
Sohas, P.S. Bisfi, District - Madhubani.
19. Kewal Mukhiya, Son of Late Hazari Mukhiya, Resident of village Sohas,
P.S. Bisfi, District - Madhubani.
20. Chalitra Yadav, son of Late Saryug Yadav, Resident of village Sohas, P.S.
Bisfi, District - Madhubani.
21. Uttimlal Mukhiya, Son of Late Sonelal Mukhiya, Resident of village Sohas,
P.S. Bisfi, District - Madhubani.
22. Mahaveer Mukhiya, Son of Late Saini Mukhiya, Resident of village Sohas,
P.S. Bisfi, District - Madhubani.
23. Mustmat Mainur, Wife of Late Lakhan Mukhiya, Resident of village Sohas,
P.S. Bisfi, District - Madhubani.
24. Bishwanath Mukhiya, Son of Laxmi Mukhiya, Resident of village Sohas,
P.S. Bisfi, District - Madhubani.
25. Muneshwar Yadav, Son of Late Bauku Yadav, Resident of village Sohas, P.S.
Bisfi, District - Madhubani.
26. Ram Chandra Yadav, Son of Late Sumat Yadav, Resident of village Sohas,
P.S. Bisfi, District - Madhubani.
27. Mukti Mukhiya, Son of Late Hazari Mukhiya, Resident of village Sohas,
P.S. Bisfi, District - Madhubani.
28. Rama Yadav Son of Sobhit Yadav, Resident of village Sohas, P.S. Bisfi,
District - Madhubani.
29. Meena Jha, widow of Late Satyanand Jha, resident of village Kakraul, P.S.
Rahika, District - Madhubani.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr Ajay Kumar Thakur, Advocate
Mrs.Vaishnavi Singh, Advocate
For the Respondent/s : Mr.Sajid Salim Khan ( Sc 25 )
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-12-2023Heard learned counsel for the parties.
2. Present writ petition has been filed for quashing order dated 28.11.2022 passed by the Collector, Madhubani in Bataidari Appeal Case No. 99 of 2008-09 by which he has Patna High Court CWJC No.8366 of 2023(2) dt.01-12-2023 3/4 dismissed the appeal preferred by the petitioners as well as for setting aside order dated 10.1.2001 passed in Bataidari Case No. 51 of 1993-94 by which the SDO, Bennipati has directed to issue bataidari parcha in favour of bataidars.
3. However, learned counsel for the State raises preliminary objection to the effect that statutory alternative remedy is available to the petitioners before the Bihar Land Tribunal for proper adjudication of the matter. He submits that liberty may be given to the petitioners to approach the Bihar Land Tribunal.
4. Learned counsel for the petitioner does not dispute the above proposition.
5. In the above view of the matter, this Court is not inclined to interfere in the matter in its extra-ordinary writ jurisdiction. Let the petitioners file afresh application before the Bihar Land Tribunal for proper adjudication of the matter.
6. 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 petitioners were pursuing the issue before this Court under Article 226 of the Constitution of India.
7. Writ petition stands disposed of with the aforesaid Patna High Court CWJC No.8366 of 2023(2) dt.01-12-2023 4/4 observations.
(Prabhat Kumar Singh, J) shashi/-
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