Patna High CourtCWJC/13652/2008disposal bcz file shifted to tribunal

Jai Narayan Rai And ORS v. The State Of Bihar And ORS

2015-03-31Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13652 of 2008 ======================================================

1. (i) Jai Narayan Rai, husband of Late Ramwati Devi (ii)Shatrughan Rai (iii)Mohan, both sons of Late Ramawati Devi

2. Sohan Rai, son of Jai Narayan Rai, All residents of village- Taldusraha, P.S. Muffassil, DistrictSamastipur .... .... Petitioners

Versus

1. The State of Bihar

2. The Addl. Collector, Samastipur

3. The Land Reforms Dy. Collector, Samastipur

4. The Circle Officer, Samastipur

5. Rajendra Prasad Singh, son of Medani Prasad Singh, resident of village- Meshauri, P.S. Khagaria, District- Khagaria through Attorney holder Sri Kailash Prasad Singh, son of Late Braj Kishore Prasad Singh, resident of village- Singhia Khurd, P.S. Samastipur, Muffassil, District- Samastipur

6. Dinesh Kumar Rai, S/O Sri Nand Lal Rai, resident of village- East Tall Dusraha, Sariesha, P.S. Samastipur, Muffassil, DistrictSamastipur .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Amarendra Narayan Rai Mr. Rajeev Lochan For the Respondent/s : Mr. AC to GA-1 Mr. Om Prakash Upadhyay Mr. Mithilesh Kumar Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................

31-03-2015 Heard Sri R.S. Pradhan, learned Senior Counsel, who was assisted by Sri Amrendra Narayan Rai, learned counsel for the petitioners, learned AC to GA-1 as well as learned counsel for the private Respondents.

Sri Pradhan, learned Senior Counsel submits that the dispute in the present writ petition is under the provisions of

Patna High Court CWJC No.13652 of 2008 (11) dt.31-03-2015 2/2 Bihar Tenancy Act, which is a scheduled Act under Section-9 of the Bihar Land Tribunal Act, 2009 and, as such, this matter can well be adjudicated by the Bihar Land Tribunal constituted under the provisions of Bihar Land Tribunal Act, 2009. Accordingly, in view of proviso to Section 15 of the Bihar Land Tribunal Act, the Registry is directed to transmit the record of the case to the Bihar Land Tribunal forthwith. (Rakesh Kumar, J) NKS/- U