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2022 Supreme(Jhk) 3

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Niraj Kumar Singh – Petitioner
Versus
The State of Jharkhand – Respondent
W.P. (C) No. 2533 of 2021
Decided On : 06-01-2022

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Arun Kumar.
For the Respondent: Mr. Om Prakash Tiwari.

Headnote:

Bihar Tenant’s Holdings (Maintenance of Records) Act, 1973 - Section 15 – Partition suit - Mutation of land - Seeking quash of order passed by Circle Officer, respondent no. 3 in Mutation Case by which the application filed by respondent no. 4 for mutation of the land, has been allowed on the ground that there was no stay in Partition suit filed by petitioner - Held, Petitioner has efficacious/alternative remedy of preferring appeal against the order passed by the respondent no. 3 under Section 15 of the Act, 1973, court not inclined to entertain the present writ petition – Hence, Petition dismissed.

ORDER :

1. This case is taken up through video conferencing.

2. The present writ petition has been filed for quashing the order dated 10th February, 2021 (Annexure-2 to the writ petition) passed by the Circle Officer, Gumla-respondent no. 3 in Mutation Case No. 1370 R27 of 2020-21 by which the application filed by the respondent no. 4 for mutation of the land, appertaining to Khata no. 4, plot no. 602, measuring an area of 0.9 acre and Khata no. 1, plot no. 853, measuring an area of 1.6 acres has been allowed on the ground that there was no stay in Partition suit no. 01 of 1995 filed by the petitioner.

3. Having heard learned counsel for the parties and keeping in view that the petitioner has efficacious/alternative remedy of preferring appeal against the order dated 10th February, 2021 passed by the respondent no. 3 under Section 15 of the Bihar Tenant’s Holdings (Maintenance of Records) Act, 1973, I am not inclined to entertain the present writ petition at this stage and the same is, accordingly, dismissed as not maintainable.

4. However, the petitioner is at liberty to take alternative/efficacious remedy of preferring appeal against impugned order dated 10th February, 2021 passed by the respondent no. 3.

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