Parshuram Singh And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17393 of 2018 ====================================================== 1.
Parshuram Singh Son of late Shivmuni Singh 2.
Sanjay Kumar Singh Son of Dev Vansha Singh 3.
Deepak Kumar Son of Gopal Chandavanshi 4.
Arun Kumar Singh Son of late Ram Darash Singh 5.
Kashi Baitha Son of Lalmuni Baitha 6.
Kamla Singh Son of late Shivpati Singh 7.
Madhup Kumar Son of Harivansh Singh 8.
Manish Kumar Son of Harivansh Singh 9.
Rajesh Kumar Son of Awadhesh Prasad All Resident of Village Nekra, P.S. Agrer, District- Rohtas.
... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Secretary, Revenue and Land Reforms, Govt. of Bihar, Patna. 3.
The Collector, Rohtas at Sasaram.
4.
The Director, Consolidation, Bihar, Patna.
5.
The Deputy Director, Consolidation Rohtas at Sasaram. 6.
The Assistant Director, Consolidation, Rohtas at Sasaram. 7.
The Chakbandi Officer, Sasaram.
8.
The Circle Officer, Sasaram, Rohtas.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Adv.
For the Respondent/s :
Mr. Rajendra Narayan Singh, Adv.
Mrs. Suchitra Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-02-2025 Heard Learned Counsel for the petitioners, Learned Counsel for the State and Learned Counsel for the intervenor who filed I.A. No.01 of 2019.
2. Learned Counsel for the petitioners submits that the present writ petition has been filed for quashing the order dated
Patna High Court CWJC No.17393 of 2018(2) dt.18-02-2025 2/3 14.10.2015 passed by respondent No.4 in Revision Case No.234 of 2013.
3. Counsel for the State raised preliminary objection and submits that the Bihar Land Tribunal Act, 2009 (Bihar Act 9, 2009) has been framed where Section 9 indicates the power of Tribunal and Section 15 of the said Act indicates the transfer of proceedings pending in the Patna High Court/State Government to the Tribunal since the order under challenge before this Hon'ble Court is the final order passed by the Appropriate Authority under the Act, which ought to be challenged within 90 days before the BLT, but Instead thereof, the order has been challenged before this Hon'ble Court and Section 15 of the said Act talks about the transfer of proceedings, which is pending in Patna High Court to the Tribunal.
4. In this view of the matter, the present writ petition is hereby disposed off directing the petitioner to avail his remedy before the Bihar Land Tribunal Act, 2009.
5. It is made clear that the contest is between the alleged intervenor who filed I.A. No.01 of 2019 and the petitioner, therefore the writ petition is disposed off directing the petitioner to avail remedy before the BLT within 30 days from
Patna High Court CWJC No.17393 of 2018(2) dt.18-02-2025 3/3 the date of production of this order, adding all the concerned persons who have interest in the said litigation and the Bihar Land Tribunal after appearance of all the concerned, shall dispose off this matter within 90 days thereafter.
6. With the aforesaid directions and observations, the present writ application stands disposed off. (Dr. Anshuman, J.) Prakashmani/- U