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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6376 of 2025 ====================================================== Dinesh Mahto Son of Late Sant Lal Mahto Resident of Village-Mathurapur, Police Station-Warisnagar District Samastipur ... ... Petitioner/s Versus
1. The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms, Government of Bihar, Patna.
2. The Collector, Samastipur, District-Samastipur.
3. The Additional Collector, Samastipur, District-Samastipur.
4. The Circle Officer, Warisnagar, District-Samastipur.
5. Suresh Prasad Singh Son of Ramashish Prasad Singh Resident of Village- Birsaiya, Police Station-Bibhutipur, District-Samastipur.
6. Ramashray Das Son of Gango Raut, Resident of Village-Satmalpur, Police Station-Warisnagar, District-Samastipur.
7. Anupi Devi Wife of Ram Khelawan Mahto Resident of Village-Satmalpur, Police Station-Warisnagar, District-Samastipur. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Suraj Narayan Yadav Mr. Bijay Bhushan Prasad Ms. Rani Shashi Bharti For the Respondent/s : Mr. Hitesh Suman, AC to SC-13 For the Respondent-5 : Mr. Bhubneshwar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 30-08-2025
1. Heard learned counsel for the parties concerned.
2. The petitioner has filed the present writ application against the order, dated 14.09.2024, passed in jamabandi Cancellation Case No. 25 of 2023-24, by the Additional Collector, Samastipur, whereby the jamabandi of the petitioner having Jamabandi Case No. 46 and 525 (Online 506) has been cancelled.
3. Learned counsel for the State as well as respondent no. 5
Patna High Court CWJC No.6376 of 2025(2) dt.30-08-2025 2/2 submits that the petitioner has directly approached this Court against the order, dated 14.09.2024, passed by the Additional Collector, Samastipur, without availing the remedy of appeal provided under Section 9 of the Bihar Land Mutation Act.
4. Considering the aforesaid submissions advanced by the parties, this writ application is disposed with liberty to the petitioner to file an appeal against the impugned order before the Collector, Samastipur, within a period of one month.
5. If such an appeal is filed by the petitioner, along with condonation of delay petition, the same shall be disposed by the Collector, Samastipur, on its own merit and by a reasoned order, after giving opportunity of hearing to the concerned persons, within a period of six months from the date of filing of the appeal.
6. With the aforesaid observations and directions, this writ application stands disposed.
ashwani/- (Anil Kumar Sinha, J) U