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2022 Supreme(Jhk) 3

RAJESH SHANKAR
Niraj Kumar Singh – Appellant
Versus
State of Jharkhand – Respondent


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

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

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