Patna High CourtCWJC/9469/2008disposal bcz file shifted to tribunal

Murari Paswan And ORS v. The State Of Bihar And ORS

2015-03-26Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9469 of 2008 ======================================================

1. Murari Paswan

2. Jitendra Paswan Both sons of Late Ramdas Paswan, residents of village/MohallaSheikhpura, Dak Bunglow, P.O. and P.S.- Sherghati, District- Gaya

3. Jamwanti Devi, D/O Late Ram das Paswan, wife of Indradev Paswan, resident of village- Jalalpur Bhaluhar, P.S. Roasanganj, District- Gaya

4. Ramanti Devi, wife of Shiv Shankar Paswan, D/O Late Ram Das Paswan, resident of village-Sakal Bigha, P.S. Gurua, District- Gaya .... .... Petitioners

Versus

1. The State of Bihar

2. The Joint Director Consolidation, Gaya

3. The Deputy Director of Consolidation, Gaya

4. Md. Imran Rizivi as alleged power of attorney holder of Anshuman Verma, son of Late Girija Shankar Verma, resident of villageMahuawa, P.S. Amas, District- Gaya, at present Mohalla- New Area, P.S. Civil Lines, District- Gaya .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Prasad Singh Mr. Anita Raghavendra Mr. Abhishek For the Respondent/s : Mr. AC to GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................

26-03-2015 Heard learned counsel for the petitioner, learned AC to GP-3 as well as learned counsel for private Respondents. In the present writ petition, an order passed by the Joint Director of Consolidation under Section-35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 is under challenge, which is a scheduled Act under Section-9 of the Bihar Land Tribunal Act, 2009.

Patna High Court CWJC No.9469 of 2008 (7) dt.26-03-2015 2/2 The Court is of the opinion that this matter can well be adjudicated by the Bihar Land Tribunal.

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