Hari Shankar Rai And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3804 of 2018 ====================================================== Hari Shankar Rai and Ors.

... ... Petitioner/s

Versus

The State Of Bihar and Ors.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brajesh Kumar Pandey, Adv.

For the Respondent/s :

Mr. Dhurjati Kumar Prasad, G.P.- 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-01-2025 Learned Counsel for the petitioners and Learned Counsel for the State are present.

2. The present writ petition has been filed for challenging the orders of consolidation authorities.

3. Learned Counsel for the State raised preliminary objection and submits that the Bihar Land Tribunal Act, 2009 (Bihar Act No. 9 of 2009), has been specially enacted, and Section 15 of the Act indicates that proceedings pending before the Patna High Court shall be transferred to the Tribunal by the State Government. Counsel further submits that it is now an established position of law that any revisional order passed by the authorities under statutes relating to land laws in Bihar must be challenge firstly before the Bihar Land Tribunal, and only thereafter it can be brought before the High Court.

4. In response thereof, Learned Counsel for the

Patna High Court CWJC No.3804 of 2018(7) dt.28-01-2025 2/2 petitioners seeks permission to withdraw the present writ petition, availing their remedy under the Bihar Land Tribunal.

5. Permission, as prayed for, is granted.

6. Accordingly, the present writ petition stands dismissed as withdrawn, with the liberty to the petitioners to pursue their remedy under the Bihar Land Tribunal. (Dr. Anshuman, J.) Aman Kumar/- U