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2026 Supreme(Pat) 162

PATNA HIGH COURT
Sangam Kumar Sahoo, CJ, Sudhir Singh, J
Saroj Kumar Rakshit @ Nanu Da @ Saroj Rakshit @ Nanu Baba – Appellant
Versus
The State of Bihar through Additional Chief Secretary, Land and Revenue Department, Govt. of Bihar – Respondent


Advocates:
For the Appellant/s:Mr.Sanjay Kumar, Advocate, Mr. Praveer Kumar Thakur, Advocate
For the State: Mr. Md. Khurshid Alam, AAG-12, Mr. Arun Bhagat, AC to AAG-12
For the Respondent No.5:Mr. Raju Giri, Sr. Advocate, Mr. Harsh Vardhan, Advocate, Mr. Harsh Raj, Advocate

Table of Content
1. the court discusses the legal principles surrounding alternative remedies and jurisdiction. (Para 4 , 5 , 6 , 7)
2. final remarks on procedural pathways for the appellant post-dismissal. (Para 8)

JUDGMENT :

Sangam Kumar Sahoo, C.J.

Heard learned counsel for the parties.

2. This Intra-Court Appeal has been filed challenging the order dated 20.02.2025 of the learned Single Judge passed in CWJC No. 2242 of 2025.

3. The writ petition was filed by the petitioner/appellant with the following reliefs:-

“(i) For issuance of a writ in the nature of writ of certiorari to set aside/quash the order dated 30.11.2024 passed in Land Dispute Appeal Case No. 78/2023 by the respondent No. 2 whereby and whereunder the learned Divisional Commissioner has set aside the order of the Ld. D.C.L.R., Araria dated-31.03.2023 passed in B.L.D.R. Case No. 07/22-23 and has further directed the D.C.L.R. to earmark/carve out the Land that are being used for Mahavir Mandir and Kali Mandir in terms of an affidavit No. 1501/2024 filed by respondent No.5 and the rest of the land has been directed to be handed over to the respondent No. 5 which is most arbitrary, illegal and in gross violation of settled la

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