SANJAY KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder the order passed by the Deputy Commissioner, Koderma, has been assailed, by which, the jamabandi has been cancelled by resorting to the provision of Section 4(h) of the Bihar Land Reforms Act, 1950 (hereinafter referred to as the Act, 1950).

(2.) Mr. Prashant Pallav, learned G.A.-IV representing the State of Jharkhand by taking aid to the stand taken in the counter affidavit that in view of the provision as contained under Section 4(h) of the Bihar Land Reforms Act, 1950 has stated that the revision will lie against the order passed by the Deputy Commissioner, Koderma, in exercise of power as contained under Section 4(h) of the Act, 1950, therefore, the writ petition may not be entertained.

(3.) This Court after considering the aforesaid submission and going through the pleadings made in the writ petition as well as the counter affidavit, is of the view that although there is no bar for entertaining the writ petition on the ground of availability of alternative remedy of appeal or revision but where the dispute is based upon the factual aspect the same would be proper to be initiated by the Forum available.