IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10860 of 2009 SRIMATI GIRIJA DEVI, wife of Rajendra Thakur, resident of village – Adiya (Baraharwa kala) P.S. and Block – Kotawa, District – East Champaran at Motihari Versus 1. THE STATE OF BIHAR 2. District Magistrate, East Champaran, Motihari. 3. Circle Officer, Kotawa, East Champaran, Motihari. 4. Belash Thakur, son of Mahabir Thakur, resident of village – Adiya (Baraharwa Kala), P.S. Kotawa, District – East Champaran, Motihari. ----------- 02. 27.08.2009 Petitioner’s husband Rajendra Thakur was given 2 decimals of land by issuance of parcha in the category of a landless person by the State. The land was to be used by the family or her husband as way of residential place way back in the year 2002. But it is now being alleged in the writ petition that that her husband fraudulently and illegally has transferred the said land by virtue of a registered sale deed dated 26.6.2009, which is annexure -1 to the writ application. Contention of the petitioner is that no landless person, in whose favour such a parcha has been issued, can sell the property without due authority or permission from the competent authority. No doubt such condition exists in such issuance of parcha but if registered sale deed has been executed , then the remedy for the same now lies before the civil court of a competent jurisdiction for seeking its annulment or may be the district authority to check such aberration or flagrant violation of the conditions of allotment. It is for the petitioner to choose the - 2 - forum. No direction can be issued under Article 226 of the Constitution of India. The writ application is dismissed with the above observation. rkp (Ajay Kumar Tripathi, J)