Rabindra Prasad Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1917 of 2023 ====================================================== Rabindra Prasad Bhagat Son of Late Ram Prasad Bhagat, Resident of Mohalla-Binodpur, P.O. and P.S.-Katihar, District-Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar the Principal Secreary, Revenue and Land Reforms, Govt. of Bihar, Patna.

2.

The Principal Secretaty, Revenue and Land Reforms, Govt. of Bihar, Patna. 3.

The Divisional Commissioner, Purnea at Purnea. 4.

The Collector, Katihar, District-Katihar.

5.

The Deputy Collector, Land Reforms, Katihar.

6.

The Additional Collector, Katihar, District-Katihar. 7.

The Circle Officer, Katihar, District-Katihar. 8.

Dulal Kanti Nandi Son of Late Harendra Kumar Nandi Resident of MohallaChoonagali, Binodpur, Ward No. 31, P.O. and P.S.-Katihar, District-Katihar, on Behalf of Zila Prathmik Sikshak Sangh, Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raju Giri, Advocate For the Respondent/s :

Mr.Sajid Salim Khan (SC25) Mr. Arif Daula Siddiqui, Advocate Mr. Gyanand Roy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 06-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2.The present writ petition has been filed for quashing of the order dated 30.11.2022 passed by the Additional Collector, Katihar, in Mutation Revision Case No. 504 of 2022 and quashing of the order dated 18.02.2020 passed by the Deputy Collector Land Reforms, Katihar in Mutation Appeal

2/4 Case No. 1067 of 2018-19 (Dulal Kanti Nandi-Vs-Ravindra Prasad Bhagat & Others) whereby the mutation of the petitioner's land has been cancelled.

3. After some argument, learned counsel for the petitioner seeks permission prefer an appropriate application before the Bihar Land Tribunal, in view of the provisions of Sections 9 and 15 of the Bihar Land Tribunal Act, 2009 ( Bihar Act 9 of 2009), which reads as under :- "9. Powers of the Tribunal.

- (1) The Tribunal shall have the power to entertain any application against the final order passed by the Appropriate Authorities under the Acts/ Manuals, mentioned below, within 90 days of such an order provided no other forum of appeal or revision against the order passed is provided in that Act/ Manuals: (i) The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (ii) The Bihar Land Reforms Act, 1950 (iii) The Bihar Tenancy Act, 1885 (iv) The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (v) [xxx] (vi) The Bihar Bhoodan Yagna Act, 1954 (vii) The Bihar Privileged Persons Homestead Tenancy Act, 1947 (viii) The Bihar Government Estates Manual, 1953 (ix) The Bihar Settlement Manual (x) Bihar Land Disputes Resolution Act, 2009 (xi) Bihar Special Survey and Settlement Act, 2011.

3/4 It shall be open to the State Government to add or remove any Law/Manual in or from the list hereinfore mentioned.

(2) In addition, the Tribunal shall decide any case transferred to it by the Government of Bihar or by the Hon'ble High Court of Judicature at Patna with regard to any other revenue or land reforms Law/ Manual for the time being in force.

(3) The Tribunal shall have powers vested in the Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908) including the power to recommend to punish for Contempt of Court.

15. Transfer of proceedings pending in Patna High Court/ State Government to the Tribunal. - All cases connected with the Acts/ Manuals dealt with under Section 9 of this Act and pending in the High Court of Judicature at Patna but excluding writ petitions filed under Articles 226 and 227 of the Constitution of India and cases pending with the State Government, immediately before the commencement of this Act, as could have been within the jurisdiction of such Tribunal, and cases arising after the commencement of this Act, as would have been within the jurisdiction of such Tribunal, shall stand transferred to the Tribunal with effect from the said date of commencement:

Provided further that it shall be open to the High Court of Judicature at Patna to remit the dispute pending adjudication in any writ proceeding before it for adjudication by the Tribunal."

4. Since the present writ petition relates to Bihar Land Mutation Act, 2011 (Bihar Act 23 of 2011), which is a schedule Act, under Section 9 of the Bihar 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

4/4

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

6. However, it is expected that the Tribunal will hear and disposed of the case within a period of nine months from the date of receipt of record of this case after sending and service of notices to all the parties concerned, including the petitioner.

(Dr. Anshuman, J) Ashwini/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.07.2023 Transmission Date NA