LAWS(JHAR)-2022-8-143

NUNU LAL BAITHA Vs. STATE OF JHARKHAND

Decided On August 04, 2022
Nunu Lal Baitha Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dtd. 13/9/2019 (Annexure-5 to the writ petition) passed by the respondent No.2 in Jamabandi Cancellation Case No. 202/18-19 whereby the Jamabandi of the land appertaining to Khata No. 01, Plot Nos. 27 and 99, Mouza-Maniyadih, Thana No. 445, District-Giridih, measuring total area of 28 Acres has been cancelled in purported exercise of power under Sec. 4(h) of the Bihar Land Reforms Act, 1950 [hereinafter referred to as 'the Act, 1950'] and the said order according to learned counsel for the petitioner, has also been confirmed by the State Government.

(2.) Mr. Faisal Allam, learned A.C to S.C (Mines)-III appearing on behalf of the respondents, raises a preliminary objection with regard to maintainability of the present writ petition and submits that the petitioner has got alternative/ statutory/efficacious remedy of preferring an appeal under proviso to Sec. 4(h) of the Act, 1950 before the Commissioner, North Chotanagpur Division, Hazaribagh against the impugned order dtd. 13/9/2019 passed by the respondent No.2 and hence the present writ petition is not maintainable at this stage.

(3.) Having heard learned counsel for the parties and keeping in view that the petitioner has got alternative/statutory/efficacious remedy of preferring an appeal under proviso to Sec. 4(h) of the Act, 1950 against the impugned order dtd. 13/9/2019, I am not inclined to entertain the present writ petition at this stage and the same is accordingly dismissed as not maintainable.