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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Sarita Kachhap – Petitioner
Versus
The State of Jharkhand – Respondent
W.P. (C) No. 4962 of 2021
Decided On : 19-04-2022
Mutation Appeal - Land Reforms - The court dismissed the writ petition for quashing the order passed by the Land Reforms Deputy Collector, stating that the petitioner has an alternative remedy of preferring revision under Section 16 of the Bihar (now Jharkhand) Tenant’s Holdings (Maintenance of Records) Act, 1973.
Fact of the Case:
The writ petition was filed to quash an order passed by the Land Reforms Deputy Collector, which set aside an earlier order allowing mutation in favor of the petitioner with respect to certain land.
Finding of the Court:
The court dismissed the writ petition, stating that the petitioner has an alternative remedy of preferring revision under Section 16 of the Act, 1973.
Issues: The main issue was whether the writ petition for quashing the order was maintainable when the petitioner had an alternative remedy under Section 16 of the Act, 1973.
Ratio Decidendi: The court found that since the petitioner had an efficacious remedy of preferring revision under Section 16 of the Act, 1973, the writ petition was not maintainable.
Final Decision: The court dismissed the writ petition as not maintainable, but granted the petitioner the liberty to take alternative recourse of preferring revision under Section 16 of the Act, 1973.
ORDER :
1. The present writ petition has been filed for quashing order dated 29.10.2021 (Annexure-5 to the writ petition) passed by the Land Reforms Deputy Collector, Gumla (the respondent no. 3) in Mutation Appeal Case No. 17 of 2019-20 whereby the order dated 18.10.2016 passed by the Circle Officer, Sisai (the respondent no. 4) in Mutation Case No. 101 R 27/2016-17 allowing mutation in favour of the petitioner with respect to the land appertaining to plot nos. 2028, 2401, 2057 and 2053 under Khata No. 190, Mouza-Sisai, P.S. No. 76, District-Gumla measuring an area of 3.57 acres, has been set aside.
2. Having heard the learned counsel for the parties and keeping in view that the petitioner has efficacious remedy of preferring revision under Section 16 of the Bihar (now Jharkhand) Tenant’s Holdings (Maintenance of Records) Act, 1973 (in short “the Act 1973”) against the impugned order dated 29.10.2021 passed by the respondent no. 3 in Mutation Appeal Case No. 17 of 2019-20, I am not inclined to entertain the present writ petition at this stage and the same is dismissed as not maintainable. The petitioner is, however, at liberty to take alternative recourse of preferring revision under Section 16 of the Act, 1973.
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