Anandi Rai And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.687 of 2016 ====================================================== 1.

Anandi Rai 2.

Rampukar Rai 3.

Ramkripal Rai All 1-3 S/o Gyanchand Rai 4.

Geeta Devi W/o Late Ram Bhajan Rai 5.

Manoj Kumar Rai S/o Late Ram Bhajan Rai 6.

Pushpa Devi D/o Late Ram Bhajan Rai, All 1-6 Resident of villageHakimabad, P.S.- Samastipur M, District- Samastipur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector, Samastipur, District- Samastipur 3.

The Deputy Commissioner of Land Reforms, Samastipur 4.

The Circle Officer, Samastipur 5.

Kusuma Devi, W/o Ram Tejan Rai, Resident of village Jitwarpur Nizamat, P.S. Samastipur M, District- Samastipur 6.

Upendra Rai S/o Late Nirdhan Rai 7.

Ram Ashrey Rai, S/o Late Khushi Lal Rai Both 6 and 7 Resident of villageHakimabad, P.S.- Samastipur M, District- Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Respondent/s :

Mr. Prashant Pratap, Gp6 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-09-2023 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 20.5.2015, passed by respondent No.2, namely, the Collector, Samastipur in Mutation Revision Case No.670 of 2001 and also order dated 03.04.2001 passed by the D.C.L.R., Samastipur in Jamabandi Cancellation Case No.1 of

Patna High Court CWJC No.687 of 2016(2) dt.25-09-2023 2/2 1999 and further for a direction to the respondent Nos.1 to 4 to restore the Jamabandi No.443 stand in the name of petitioners since 1972 and to restrain the respondents to not interfere with the possession of the petitioner over the land in question.

3. Since the present matter relates to Bihar Land Mutation Act, 2011, which is a scheduled 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. 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) Mkr./- U