IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11310 of 2010 1. SUNITA DEVI W/O SRI PRADEEP KUMAR MODI R/O VILLAGE AND P.O.- SAHU PARWATTA, P.S.- PARWATTA, DISTT.- BHAGALPUR………petitioner Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, REVENUE DEPARTMENT, BIHAR, PATNA-1 3. THE COLLECTOR, KATIHAR 4. THE DEPUTY COLLECTOR, LAND REFORMS, KATIHAR 5. THE DEPUTY COLLECTOR, LAND CEILING, KATIHAR 6. BILASH SHARMA S/O LATE NAND KUMAR SHARMA R/O VILL.- CHAKIA MOULA NAGAR, P.S. FALKA, P.O. MOULA NAGAR, DISTT. KATIHAR 7. BIJAY SHARMA S/O LATE NAND KUMAR SHARMA R/O VILL.- CHAKLA MOULA NAGAR, P.S. FALKA, P.O. MOULA NAGAR, DISTT.- KATIHAR 8. SADHNA KUMARI D/O LATE NAND KUMAR SHARMA R/O VILL. CHAKLA MOULA NAGAR, P.S. FALKA, P.O. MOULA NAGAR, DISTT.- KATIHAR …………………………respondents ---------- 5 03.12.2010 Heard learned counsel for the petitioner and respondent nos. 6 to 8 as also the State. Petitioner is aggrieved by order dated 11.11.2009, passed on appeal bearing Lands Ceiling Appeal no. 367 of 2005-06 of the Court of respondent Additional Collector Katihar, whereby the claim of preemption raised on behalf of father of respondent nos. 6, 7 and 8 has been allowed. According to petitioner, the lands in question were sold in favour of mother of the present petitioner (Urmila Devi) on 13.10.1987 by Lalit Kumar Poddar. Father of respondent nos. 6, 7and 8, herein preferred an application for pre-emption on 01.09.2004, which gave rise to pre-emption case no.57/04-05. Respondent authority by order dated 14.03.2005 (Aneexure-2), rejected the same. Aggrieved by the said order, appeal was filed which was allowed by order dated 11.11.2009 (Annexure-3). 2 Learned counsel for the petitioner submits that land in question was conveyed/transferred on 13.10.1987 in favour of mother of the petitioner who re-conveyed the same in favour of the petitioner (daughter) on 24.04.2001, whereafter the present application has been filed which is ex facie barred by provision of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act 1961(hereinafter referred to “as the Act”). Learned counsel for the respondents on the other hand, submits that the Act provides a substantive remedy whereby the petitioner if aggrieved by the impugned order could file a revision application under Section 32 of the Act. It is thus submitted that since the petitioners have remedy provided under law, this Court should not exercise its extraordinary writ jurisdiction. This Court finds that the petitioner could have filed a revision against the impugned order (Annexure-3), wherein all issues of fact and law could have been raised and gone into. The petitioners have chosen to approach this Court directly for setting aside the appellate order. If the statute provides a forum the petitioner ought to have availed of the said provision/fora. In that view of the matter, this Court is reluctant to exercise its extraordinary writ jurisdiction in favour of the writ petitioner. At this stage, learned counsel for the 3 petitioner submits that the revision would be barred by limitation. Learned counsel for the respondents on the other hand, submits that they shall not raise any issue with regard to limitation, if the petitioner prefers revision application within a reasonable period of time. While declining to interfere with the impugned order by issuing appropriate writ, this Court disposes of the present application by the following order:- Let the petitioner file revision application in terms of Section 32 of the Act within a period of 5 weeks from today. If the petitioners file revision application within the aforesaid time along with an application seeking condonation of delay, the revisional authority shall allow the application seeking condonation and thereafter decide the revision application on its own merit uninfluenced by any observation made in the present order. This Court further clarifies that any direction/observation made by the appellate authority in the impugned order (Annexure-3) shall abide by the final adjudication to be made in the revision application. Amrendra/ ( K.K. Mandal.J.)