Prasad Manjhi v. The State of Bihar
Case at a glance
- Bench
- HARISH KUMAR
Outcome
Disposed of
petitioners, the present writ petition stands disposed off with a
Provisions considered
Judgment
Mahanth, Bodhgaya Math, Bodhgaya.
Mahanth, Bakraur Math, Bakraur, Bodhgaya. ... ... Respondent/s
====================================================== Appearance : For the Petitioner/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR Mr. Sanjay Kumar, Advocate Mr. Sanjay Kumar, AAG-4 : : ORAL ORDER 2 09-09-2024 Heard Mr. Sanjay Kumar, learned Advocate for the petitioners and Mr. Sanjay Kumar, learned Advocate for the State.
The petitioners are aggrieved by the order dated
30.06.2023 passed by learned DCLR, Sadar, Gaya in Land Dispute Case No. 117/2022-23, whereby the application filed by the petitioners for fixation of rent for the land, the particulars of which are mentioned in paragraph 1(i) of the writ petition, has been rejected and directed them to file appropriate application Patna High Court CWJC No.13510 of 2024(2) dt.09-09-2024 before civil court for disposal of the grievance. Petitioners also sought a direction from the respondent to create a Jamabandi in the name of the petitioners for the land situated in Mauza- Bakraur, Thana No.- 358, Circle- Bodhgaya, Khata No. 188 (old)/404(new), Khesra No. 1257 (old)/ 1752 (new), Area 1.11 Acre.
At the outset, learned Advocate for the State submits that since the petitioners have approached under Section 4 of the Bihar Land Dispute Resolution Act, 2009, wherein, the order impugned came to be passed, which is put to challenge in the writ petition; however, there is a statutory remedy of appeal available under Section 14 of the Bihar Land Disputes Resolution Act, 2009, thus, he ought to prefer an appeal.
Operative part
Having considered the submissions advanced on behalf of the respective parties and taking note of the fact that there is already efficacious statutory remedy available to the petitioners, the present writ petition stands disposed off with a liberty to the petitioners to file proper Memo of Appeal before the Divisional Commissioner under Section 14 of the Bihar Land Disputes Resolution Act, 2009.
In case, such an appeal is preferred within a period of four weeks along with a limitation petition, the learned Patna High Court CWJC No.13510 of 2024(2) dt.09-09-2024 Divisional Commissioner shall consider the application for condonation of delay sympathetically and further pass necessary order in accordance with law. sushma/- U (Harish Kumar, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petitioners, the present writ petition stands disposed off with a
Which statutory provisions did this judgment involve?
Bihar Land Dispute Resolution Act, 2009 — s. 4; Bihar Land Disputes Resolution Act, 2009 — s. 14.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.