Md. Safique And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10831 of 2015 ====================================================== 1.
Md. Safique Son of Late Khalil.
2.
Md. Nasir Son of Late Khalil.
3.
Md. Basir Son of Late Khalil.
4.
Md. Karim @ Md. Krbullah Son of late Khalil.
5.
Md. Rashid Ahmad Son of Late Khalil.
All Residents of Village- Birnagar Tola Tapra, Police Station- Bhargama, District Araria.
... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
The Director of Consolidation, Bihar, Patna.
3.
The Joint Director of Consolidation of Purnia-Constituted by the Consolidation Directorate Bihar, 4.
The Consolidation Officer, Bhargama within the District of Araria. 5.
Md. Sadrul Alam @ Sadrul Haque son of late Raizuddin. 6.
Nabisa Khatoon Daughter of Late Riazuddin.
7.
Jmila khatoon Daughter of Late Riazuddin.
8.
Najmum Nisa Daughter of Late Raizuddin.
9.
Md. Jahjangir Son of Late Serajuddin.
10.
Md. Alamgir Son of Late Serajuddin.
11.
Most. Samina Khatoon Widow of Late Mustakim.
12.
Roshan Khatoon Daughter of Md. Mustakim.
13.
Afsana Khatoon Daughter of Md. Mustakim.
14.
Ajra khatoon Daughter of Md. Mustakim.
15.
Most . Munjrina khatoon Widow of Late Md. Kaiyum. 16.
Md. Istiyaque Son of Md. Kaiyum.
17.
Md. Asfaque Son of Md. Kaiyum.
18.
Md. Affaque.
19.
Ladli Khatoon Daughter of Md. Kaiyum.
20.
Majrun Khatoon Widow of Late Md. Manjoor.
21.
Md. Masad Son of Late Md. Manjoor.
22.
Gulsan Khatoon Daughter of Late Md. Manjoor.
Respondent No. 5 to 22 Residents of Village- Birnagar, Police Station - Bhargama, District Araria.
23.
Shri Jaichand lal @ Jai Chand Sethia Son of Late Roop Chand Sethia, Resident of Banmankhi, Police station - Banmankhi, District Purnia. ... ... Respondent/s
2/4 ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Prasad Ambastha, Adv.
For the Respondent/s :
Mr. Kinkar Kumar, SC-9.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-07-2023 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 03.01.2001 passed by the Director of Consolidation, Bihar Patna in Revision Case No. 117 of 1983 by which the order dated 28.09.1985 passed by the Joint Director of Consolidation at Purnia in the same Revision Case No. 117 of 1983 was affirmed.
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
3/4 (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. (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
4/4 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 Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Bihar Act 22 of 1956), 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.
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.) Ritik/- U