Brahmanand Pathak And ORS v. Ram Awadhesh Pathak And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7899 of 1998 ====================================================== Brahmanand Pathak and Ors ... ... Petitioner/s

Versus

Ram Awadhesh Pathak and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awadh Bihari Ojha,Advocate For the Respondent/s :

Mr.Prabhakar Jha, GP 27 Mr.Nikesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-11-2021 Heard learned counsel for the petitioners and Sri Prabhakar Jha, learned Govt. Pleader - 27 and learned counsel for private respondent nos. 4 to 20.

The writ application has been filed for quashing of order dated 29.05.1998 passed by the Deputy Director, Consolidation (Headquarters), Bihar, Patna in Revision Case No. 135 of 1993 under Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, which is a schedule Act, under Section 9 of the Bihar Land Tribunal Act, 2009. This Court is of the opinion that this matter can well be adjudicated by the Tribunal.

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.

Patna High Court CWJC No.7899 of 1998(9) dt.18-11-2021 2/2 However, considering the fact that the case was pending before this Court since long, 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 record of this case after giving proper notice to all the parties concerned, including the petitioners.

(Prabhat Kumar Singh, J.) anay U