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Patna High CourtCWJC/2560/2023disposed

Nazma Khatoon v. The State Of Bihar

2023-07-12Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2560 of 2023 ====================================================== 1.

Nazma Khatoon, Daughter of Sakoor Mian, Resident of Village Kritpur Tola Sahnagar, Police Station Harsidhi, District- East Champaran, Motihari. 2.

Rabia Khatoon, Wife of Shekhawat Mian, Resident of Village- Kritpur Tola Sahnagar Police Station Harsidhi, District- East Champaran, Motihari. 3.

Hasan Raja, Son of Armin Mian, Resident of Village- Kritpur Tola Sahanagar Police Station Harsidhi, District- East Champaran, Motihari. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, East Champaran, Motihari. 2.

The Additional Collector (Land Ceiling), East Champaran at Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nirmal Kumar, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam ( AAG 12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 12-07-2023 Heard learned counsel for the petitioners and learned counsel for the State.

2. The present writ petition has been filed for quashing the order dated 14.09.2021, passed by respondent No.2, namely, the Additional Collector (Land Ceiling), East Champaran at Motihari.

3. Since the present matter relates to section 32(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act 12 of 1962), which is a scheduled Act, under Section 9 of the Bihar

Patna High Court CWJC No.2560 of 2023 dt.12-07-2023 2/2 Land Tribunal Act, 2009 (Bihar Act 9 of 2009), this Court is of the opinion that the matter can well be adjudicated by the Tribunal.

4. Accordingly, in view of the proviso to Section 15 of the Bihar Land Tribunal Act, 2009 (Bihar Act 9 of 2009), the Registry is directed to transmit the record of this case to the Tribunal forthwith.

5. It is expected that the Tribunal will hear and dispose of the case within a period of nine months from the date of receipt of the record of this case after sending and service of notices to all the parties concerned, including the petitioners.

6. The writ petition is accordingly, disposed of. (Dr. Anshuman, J) Ashwini/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.07.2023 Transmission Date NA