IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23025 of 2011 Bibi Farjana Khatoon @ Farjane Begum wife of Md. Shamim resident of Mohalla-Islampur, P.S. Muzaffarpur Town, Dist. Muzaffarpur. ---Petitioner Versus 1. The State Of Bihar 2. The Collector, Muzaffarpur 3. The land Reforms Deputy Collector, Muzaffarpur. 4. The Anchal Adhikari, Mushahari, Muzaffarpur. 5. Glaur Rahman @ Abdul Kalam @ Hajiwaliur Rahman son of late Abdul Khalique. 6. Bibi Jahida Khatoon wife of Laur Rahman @ Abdul Kalam (both R/o mohalla- Chandwara, P.S. Muzaffarpur Town, Dist-Muzaffarpur) 7. Hazara Khatoon wife of late Md. Abas. 8. Md. Zabbar son of late Md. Abas. Both resident of village- Chak Hasan Bangra, P.S. Muzaffarpur Sadar, Dist. Muzaffarpur. ---Respondents. ---------------------------------- 02 22.12.2011 Heard Mr. Nand Kishore Prasad Sinha, learned counsel for the petitioner and learned Assistant Counsel to G.P.17 for the State. Petitioner questions the sustainability of order dated 15.3.2002 passed by the respondent Deputy Collector, East Muzaffarpur in Mutation Appeal no. 28 of 2001-02 (Hajiwaliur Rahman Vs. Smt. Farjana Khatoon & Ors.). It appears the aforesaid order was passed in the year 2002. It is the petitioner’s case that aggrieved thereby he preferred a proceeding before the respondent Collector giving rise to Misc. case no. 06 of 2002-03 which stood dismissed for non-prosecution. The said order (Annexure-5) is also under challenged. It is contended on behalf of the petitioner that the husband of the petitioner was pursuing the aforesaid case and he went to jail some time in 2005 and as such the aforesaid case could not be pursued and rejected for non-prosecution. It is the petitioner’s case that on 05.09.2011 she could know about the dismissal of the proceeding before the respondent Collector whereafter on 06.09.2011 an application for certified copy of the said order was filed and ultimately on 04.11.2011 the same was made over to her. In my view, based on the assertion made in the application the petitioner was required to approach the Court of Collector for restoration of Misc. case no. 06 of 2002-03 which stood dismissed for non- prosecution. Without availing the aforesaid remedy she has approached this Court. Regard being had to the aforesaid fact, this Court is not inclined to invoke its extraordinary and discretionary writ jurisdiction in the matter. It will be open to the petitioner to approach the concerned Court for restoration of the case being Misc. case no. 06 of 2002-03. If any such application is filed, the same shall be considered and disposed of in accordance with law. The application stands disposed of. Sym ( Kishore K. Mandal, J.)