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Patna High CourtCWJC/12094/2006disposal bcz file shifted to tribunal

Ganga Prasad Mandal @ Ganga Ma v. The State Of Bihar And ORS

2015-03-23Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12094 of 2006 ====================================================== Ganga Prasad Mandal @ Ganga Mandal, son of Late Rasik Lal Mandal, resident of village- Kishanpur Tola Phulkaha, P.O. Chauhatta, P.S. Kishanpur, District- Supaul .... .... Petitioner

Versus

1. The State of Bihar

2. Addl. Member, Board of Revenue, Bihar, Patna

3. Addl. Collector, Supaul

4. Deputy Collector Land Reforms, Supaul--- Respondent 1st Set

5. Ram Pravesh Mandal , Minor son of Sri Jagdish Mandal, U/G of his father Ram Pravesh Mandal, father and guardian, resident of villageKishanpur Tola Phulkaha, P.O. Chauhatta, District- Supaul ----------------- Purchaser----- Respondent 2nd Set

6. Most. Saraswati Devi, widow of Late Bhola Nath Mandal, resident of village- Kishanpur Tola Phulkaha, P.O. Chauhatta, District- Supaul, present resident of village- Didrahi, P.S. Pipra, District- Supaul .... .... Respondent 3rd set ====================================================== Appearance :

For the Petitioner/s : Mr. Naresh Kumar Mehta Mr. Rewti Kant Raman For the Respondent/s : Mr. AC to GP-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................

23-03-2015 Learned counsel for the petitioner, in presence of learned AC to GP-22 submits that since the dispute relates to provisions under The Bihar Land Reforms ( Fixation of Ceiling Area and Acquisition of Surplus Land ) Act, 1961 , this case may also be transferred to the Bihar Land Tribunal. He submits that one another case i.e. C.W.J.C. No.11871 of 2006 has been directed to be transferred to the Bihar Land Tribunal by order dated 20.02.2013.

Since the dispute relates to Ceiling matter, which is a

Patna High Court CWJC No.12094 of 2006 (4) dt.23-03-2015 2/2 scheduled Act under Section-9 of the Bihar Land Tribunal Act, 2009, 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