IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Sushil Kumar Dubey – Petitioner
Versus
The State of Jharkhand – Respondent
W.P. (C) No. 2226 of 2021
Decided On : 23-12-2021
Bihar Tenants Holding (Maintenance of Records) Act, 1973 - Section 15 - Title Suit - Mutation of land - Quashing of order passed by Circle Officer, respondent no. 4 in Mutation Case, whereby mutation of land appertaining to Khata n each has been allowed in favour of respondent no. 5 and correction slips have also been issued in his favour despite the fact that Jamabandi of said land was running in favour of mother of petitioner and compromise was made by the respondent no. 5 in Title Suit for same land - Held, Petitioner has efficacious remedy of preferring appeal against impugned order passed by the respondent no. 4 under Section 15 of the said Act, 1973 before the respondent no. 6, I am not inclined to entertain writ petition at this stage - Writ petition dismissed.
ORDER :
1. At the request of learned counsel for the petitioner, the Deputy Collector Land Reforms, Garhwa is permitted to be impleaded as respondent no. 6 in the present writ petition.
2. Considering the pandemic situation, office is directed to make necessary insertion in the cause title of the writ petition.
3. The present writ petition has been filed for quashing the order dated 9th June, 2021 (Annexure-8 to the writ petition) passed by the Circle Officer, Ranka-respondent no. 4 in Mutation Case Nos.3/R27/2021-22 and 4/R27/2021-22, whereby mutation of the land appertaining to Khata no. 35, plot no. 488, measuring an area 2.25 acres each has been allowed in favour of the respondent no. 5 and correction slips have also been issued in his favour despite the fact that Jamabandi of the said land was running in favour of mother of the petitioner and compromise was made by the respondent no. 5 in Title Suit No. 51 of 2005 for the same land.
4. Mr. Mukesh Kumar Sinha, learned Sr. S.C.I. appearing on behalf of the state respondents raises preliminary objection with regard to maintainability of the writ petition on the ground that the petitioner has efficacious remedy of preferring appeal against the impugned order dated 9th June, 2021under Section 15 of the Bihar Tenants Holding (Maintenance of Records) Act, 1973 before the Deputy Collector Land Reforms, Garhwa- respondent no. 6.
5. Having heard learned counsel for the parties and keeping in view that the petitioner has efficacious remedy of preferring appeal against the impugned order dated 9th June, 2021 passed by the respondent no. 4 under Section 15 of the said Act, 1973 before the respondent no. 6, I am not inclined to entertain the writ petition at this stage.
6. The writ petition is, accordingly, dismissed as not maintainable at this stage.
7. The petitioner is, however, at liberty to take recourse of efficacious/statutory remedy of preferring appeal against the impugned order passed by the respondent no. 4.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.