Amodha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3310 of 2023 ====================================================== Amodha Devi Wife of Ram Babu Singh, Resident of Village- Ward No. 08, Tinkoni, Police Station- Darpa, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

2.

The Collector-cum- District Magistrate, East Champaran, Motihari. 3.

The Additional Collector cum Additional District Magistrate, East Champaran, Motihari.

4.

The Deputy Collector, Land Reforms, Raxaul, District- East Champaran, Motihari.

5.

The Circle Officer, Chhauradano, East Champaran, Motihari. 6.

Sima Kumari Wife of Yashpal Singh, Resident of Village- Tinkoni, P.S.- Darpa, District- East Champaran.

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

For the Petitioner/s :

Mr. Madhurendra Kumar, Adv.

For the Respondent/s :

Mr. Nutan Sahay, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-07-2023 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 02.11.2022 passed in Mutation Revision Case No. 29 of 2021-22 by the learned Addl. Collector -cum- Addl. District Magistrate, East Champaran, Motihari, whereby and whereunder the learned Collector dismissed the Revision Application filed by the petitioner and affirmed the order dated 17.04.2021 passed in Mutation Case No. 10 of 2020-21 by the

2/4 learned Deputy Collector, Land Reforms, Raxaul, East Champaran, Motihari ( Annexure-4) and also to restrain the mutation of the land bearing Khata No. 137, 109 & 4, Khesara No. 3642, 3644, 3643, total area 0-1-0 Kattha.

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.

3/4 (xi) Bihar Special Survey and Settlement Act, 2011. (xii) Bihar Land Mutation Act, 2011 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 the Bihar Land Mutation Act, 2011 (Bihar Act 23 of 2011) which is a schedule Act, under Section 9 of the Bihar Land Tribunal Act,

4/4 2009 (Bihar Act 9 of 2009), this Court is of the opinion that the matter can well be adjudicated by the Tribunal

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.

7. With the aforesaid direction, the present writ application is hereby disposed of.

(Dr. Anshuman, J.) prakashmani/- U