IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9824 of 2023

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1.

Mahadev Yadav @ Mahadev Ray @ Madhav Yadav S/o- Late Janak Yadav

Resident of Village- Chhapara Bahas, Anchal- Sugauli, P.S.- Sugauli,

District- East Champaran.

2.

Mantosh Yadav @ Mantosh Kumar, S/o- Late Lalsa Yadav Resident of

Village- Chhapara Bahas, Anchal- Sugauli, P.S.- Sugauli, District- East

Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary of Land Reforms and Revenue

Department, Government of Bihar at Patna.

2.

The Collector, of East Champaran at Motihari.

3.

The S.D.O. Motihari Sadar, at Motihari.

4.

The Deputy Collector of Land Reforms, Motihari Sadar at Motihari.

5.

The Circle Officer, Sugauli, District- East Champaran.

6.

The Officer In-charge, Sugauli, District- East Champaran.

7.

Chuman Paswan, Son of Late Doman Paswan Resident of Village- Chhapara

Bahas, (Tola Bankatwa, Ward No. 13), P.S. and Anchal- Sugauli, District-

East Champaran.

8.

Suman Paswan, Son of Late Doman Paswan Resident of Village- Chhapara

Bahas, (Tola Bankatwa, Ward No. 13), P.S. and Anchal- Sugauli, District-

East Champaran.

9.

Biran Paswan, Son of Late Doman Paswan Resident of Village- Chhapara

Bahas, (Tola Bankatwa, Ward No. 13), P.S. and Anchal- Sugauli, District-

East Champaran.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Rakesh Kumar No.1, Advocate

For the Respondent/s

:

Mr. Sajid Salim Khan (Sc25)

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

ORAL ORDER

2

14-12-2023

Heard learned counsel for the parties.

2. This writ petition has been filed for the issuance of

a writ in the nature of mandamus to the respondents for

compliance of the order dated 29.11.2022 passed by The Deputy

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Collector of Land Reforms, Motihari Sadar in Case No. 34/22-

23 by which order/direction was issued to the Circle Officer

Sugauli for demarcation of the land in question and thereafter

confirmation of possession .

3. At the outset, learned counsel for the State raises

preliminary objection to the effect that petitioner has got

alternative statutory remedy under Section 15 of The Bihar

Land Disputes Resolution Act, 2009 which reads as:

15. Execution of the order passed by the

competent authority.- The competent authority

shall execute the order passed by him subject to

order, if any, passed in appeal. Provided that if no

appeal is filed within the prescribed period he

shall proceed to execute the said order either

himself or authorise any other officer or

employee to execute the same.

4. Learned counsel for the petitioner does not dispute

the above proposition.

5. In the above view of the matter, this Court is not

inclined to interfere in the matter in its extra-ordinary writ

jurisdiction. Grievance of the petitioner falls under Section 15

of the Bihar Land Disputes Resolution Act, 2009. Petitioner has

Patna High Court CWJC No.9824 of 2023(2) dt.14-12-2023

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statutory alternative remedy available which he can avail in

accordance with law.

6. Petitioner shall be at liberty to seek remedy before

the appropriate forum as may be available to him in accordance

with law.

7. It goes without saying that if any question of

limitation arises before the competent authority, the same shall

be considered, taking into consideration the fact that the

petitioner was pursuing the issue before this Court under Article

226 of the Constitution of India .

8 . This writ petition is accordingly disposed of with

the aforesaid observations.

Koushik/-

(Prabhat Kumar Singh, J)

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