Ramjee Singh Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20845 of 2014 ====================================================== Ramjee Singh Yadav Son of Late Balrup Yadav Resident of Village - Darunpur, P.O. - Karji, Police Station - Chand, District - Kaimur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Director of Consolidation, Bihar, Patna 3.

The Deputy Director of Consolidation, Rohtas at Sasaram Bihar 4.

The Circle Officer - Cum - Consolidation Officer, Rohtas at Sasaram ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suraj Narain Yadav For the Respondent/s :

Mr. Birju Prasad, GP-13 Mr. Ajit Anand, AC to GP-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-10-2023 Heard learned counsel for the parties.

2. Present writ petition has been filed for cancellation of Notification No. 418 dated 03.06.2005 of the Consolidation Directorate and to de-notify the Village- Darunpur, falling under Anchal- Chand of District- Kaimur.

3. Learned counsel appearing for the petitioner submits that during pendency of the writ petition, Bihar Land Tribunal has become functional and proviso to Section 15 of the Bihar Land Tribunal Act, 2009 which reads as "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". Section 15 of the Act

Patna High Court CWJC No.20845 of 2014(6) dt.05-10-2023 2/2 of 2009 stipulates that 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 arsing 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. Learned counsel submits that liberty may be given to the petitioner to approach the Bihar Land Tribunal for proper adjudication of the matter.

4. In view of the aforesaid submission, let the petitioner file afresh application before the Bihar Land Tribunal for adjudication of the matter, within a period of four weeks from the date of receipt of this order.

5. Writ petition stands disposed of with the aforesaid directions.

(Prabhat Kumar Singh, J) Navya/- U