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2021 Supreme(Jhk) 410

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Amrendra Kumar Tiwari – Petitioner
Versus
The State of Jharkhand – Respondent
W.P. (C) No. 2337 of 2021
Decided On : 24-08-2021

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Shashank Shekhar.
For the Respondent: Mr. Mohan Dubey.

Headnote:

Bihar Land Reforms Act, 1950 - Seeking quash of order - Cancelled the demand running in his name with respect to land - Writ petition has been filed for quashing order passed by the Deputy Commissioner - respondent has cancelled the settlement made in favour and has also cancelled the demand running in his name with respect to land of Khata – Held, Having heard learned counsel for the parties and considering that the petitioner has efficacious remedy of preferring appeal against the order passed by the respondent no. 2 under the provisions of Bihar Land Reforms Act, 1950 present writ petition is not maintainable at this stage - writ petition is dismissed.

JUDGMENT :

RAJESH SHANKAR, J.

1. The present writ petition is taken up today through Video conferencing.

2. The present writ petition has been filed for quashing the order dated 8th January, 2021 (Annexure-16 to the writ petition) passed by the Deputy Commissioner, Ranchi, the respondent no. 2 in Misc. Case No. 3/2017-18/TR 43/2017-18 DC TR 5R 28/2017-18, whereby the said respondent has cancelled the settlement made in favour of Indra Kumar Tiwari and has also cancelled the demand running in his name with respect to land of Khata No. 91, Plot No. 1424 measuring an area of 4.70 acres, village-Tender, Thana No. 77, District-Ranchi entered at Volume No. 1, Page No. 171 of Register-II. The petitioner has also made further prayers related therewith.

3. Mr. Mohan Dubey, learned A.C. to A.G. submits that the petitioner has efficacious remedy against the order dated 8th January, 2021 passed by the respondent no. 2 by filing appeal before the Commissioner, North Chotanagpur Division, Ranchi and, hence, the present writ petition is not maintainable at this stage.

4. Having heard learned counsel for the parties and considering that the petitioner has efficacious remedy of preferring appeal against the order dated 8th January, 2021 passed by the respondent no. 2 under the provisions of Bihar Land Reforms Act, 1950, I am of view that the present writ petition is not maintainable at this stage.

5. The petitioner is, however, at liberty to take aforesaid alternative recourse against the order dated 8th January, 2021, as provided under the law.

6. The writ petition is, accordingly, dismissed as not maintainable with aforesaid liberty.

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