Patna High Court
Pratibha Singh @ Pratibha KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The writ petition is disposed of, permitting the petitioner to seek relief before the Bihar Land Tribunal.
Summary
Petitioner Pratibha Singh filed a writ petition under Article 226 of the Constitution challenging a land-related order. Counsel for the petitioner requested permission to withdraw the writ and instead approach the Bihar Land Tribunal, citing the Tribunal as an alternative efficacious remedy under the Bihar Land Tribunal Act, 2009. The State of Bihar, through its counsel, concurred with this approach. The Court, noting the availability of the alternative forum, disposed of the writ application, granting liberty to the petitioner to file the appropriate application before the Tribunal. The Court also indicated that any limitation issues would be considered by the competent authority, given the petitioner's prior pursuit of the matter before the High Court.
Issues considered
- Whether the petitioner should be allowed to withdraw the writ petition and approach the Bihar Land Tribunal as an alternative remedy
Legislation cited
Subjects
- Article 226
- alternative remedy
- land dispute
- Bihar Land Tribunal
- jurisdiction
- limitation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9062 of 2026
======================================================
Pratibha Singh @ Pratibha Kumari Wife of Vishawjit Kumar, Resident of
village- Musafir Ganj, Railway Colony, P.S.- Buxar Tow, District- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar Through its Secretary, Department of Revenue and Land
Reforms, Bihar.
2. The District Magistrate, Buxar.
3. The ADM, Buxar.
4. The DCLR, Dumraon, Buxar.
5. The Circle Officer, Dumraon, Buxar.
6. Pawan Kumar Tiwari, Son of Late Jagdish Tiwari, Resident of Tiwari Tola,
P.S.- Dumraon, District- Buxar.
7. Rajesh Kumar, Son of Ram Jatan Singh, Resident of Dumraon, P.S.-
Dumraon, District- Buxar.
8. Ashok Kumar Tiwari @ Ashok Kumar Tripathy, Son of Late Bhola Nath
Tiwari, Resident of Dumraon, P.S.- Dumraon, District- Buxar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ambrish Kumar, Advocate
For the Respondent/s : Mr. Government Pleader (02)
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL ORDER
2 07-07-2026 This case has been listed under the heading ‘For
Orders (On Office Notes)’ in view of the defect(s) pointed out
by the stamp report.
2. When the case was called out, learned counsel for
the petitioner, at the very outset, submits that he may be allowed
to withdraw this writ application with liberty to approach the
appropriate forum i.e., Bihar Land Tribunal, which is functional
now as he has an alternative efficacious remedy by filing an
Patna High Court CWJC No.9062 of 2026(2) dt.07-07-2026
2/2
appeal before the Bihar Land Tribunal under the provisions of
the Bihar Land Tribunal Act, 2009.
3. Learned counsel appearing on behalf of the State
also supports the contention of the petitioner and submits that he
has an efficacious alternative remedy before the Bihar Land
Tribunal.
4. In view of the prayer so made on behalf of the
learned counsel for the petitioner, this writ application is
disposed off with liberty to the petitioner to file an appropriate
application before the appropriate forum in terms of the
appropriate provisions of law.
5. 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.
10. All pending interlocutory application(s), if any,
stand/s disposed off.
(Rana Vikram Singh, J)
smriti/Prakash
U
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