IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10999 of 2006 SHEO SHANKAR TIWARI Versus THE STATE OF BIHAR & ORS For the Petitioner : Mr. Nityanand Mishra,Adv. For the State : Mr,. Giridhar Gopal Tiwary J.C. to AAG-2 ----------- 05 24.06.2008 The petitioner has filed this writ application with two grievances. The first grievance was that a person not authorized had got mutation done in respect of his lands, but certified copies of the proceedings were not being made to the petitioner on the plea that the records were not traceable. He was, thus, deprived of even filing an appeal. His second grievance is to set aside the said purported orders/proceedings. During pendency of this writ application, it is not in dispute, that the petitioner has received the certified copies as asked for. Therefore, his first grievance has been met. He now submits that the order is a back dated order, manipulated order and should be set aside. In my view, the order being passed by the Anchal Adhikari in purported exercise of powers under Section 14 of the Bihar Tenants Holdings (Maintenance of Records) Act, 1973. - 2 - Appeal lies to the LRDC in terms of Section 15 thereof. No case has been made out by the petitioner for ignoring the appellate forum and seeking indulgence of this Court directly. In that view of the matter, In my view, the petitioner should first avail the forum of appeal as provided under Section 15 of the said Act and this writ application would thus be not maintainable. It is next submitted that the appeal may be rejected as barred by limitation. In view of the fact that certified copy has been provided only in course of the writ proceedings and this writ application having been pending before this Court since long the appellate forum would be well advised to condone the delay on an application being filed in this regard and entertain the appeal if so filed within one month from today. With these observations, this writ application stand disposed of. Trivedi/ (Navaniti Prasad Singh,J.)