Meena Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21883 of 2014 With Interlocutory Application No.9872 of 2015 ====================================================== Meena Devi, wife of Jai Prakash Singh, resident of village-Chhitauna, Circle-Panchdeori, P.S.-Kateya, District-Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Gopalganj.

3. The Deputy Collector, Land Reforms, Hathua, District-Gopalganj.

4. The Circle Officer, Panchdeori, District-Gopalganj.

5. The Bihar Bhoodan Yagya Committee, Saristabad, Patna through its Chairman.

6. The Chairman Bihar Bhoodan Yagya Committee, Saristabad, Patna.

7. The Karyalaya Mantri, District Bhoodan Office, Arar More, DistrictGopalganj. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Pandey No-5, Adv. For the Respondent nos.1to4 : Mr. Binay Kumar Pandey, AC to GA-3 For the Respondent nos.5to7 : Mrs.Alka Verma, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 03-02-2016 The present writ petition has been filed on behalf of the petitioner raising a grievance that, despite the order passed by the competent authority under the provisions of The Bihar Land Disputes Resolution Act, 2009 (in short 'Act, 2009') in her favour with respect to the lands in question and despite the order of execution passed by the same authority under Section 15 of the Act, 2009, the possession of the petitioner over the lands in question is being disturbed by the private individuals, who are sought to be impleaded as party respondents in the present proceeding by filing I.A.No.9872 of 2015.

The learned AC to GA-3 appearing on behalf of the respondent nos.1 to 4, on the other hand, submitted that against the order passed by the competent authority as also the appellate

Patna High Court CWJC No.21883 of 2014 (3) dt.03-02-2016 authority under the provisions of the Act, 2009, B.L.T. Case No.1271 of 2015 has been filed by one Vinoba Nand Singh, who, besides others, is sought to be impleaded as party respondent in the present proceeding.

By producing a copy of the order dated 11.12.2015 passed by the learned Bihar Land Tribunal, Patna, the learned State counsel submits that the notices have been issued in that case to the petitioner, besides others, who have been impleaded as party respondents in that proceeding and the operation of the orders passed by the competent authority as also the appellate authority have been stayed.

In above view of the matter, the learned counsel appearing on behalf of the petitioner seeks permission to withdraw the present writ petition with a liberty to contest the matter before the learned Bihar Land Tribunal, Patna in the aforesaid B.L.T. Case No.1271 of 2015.

Permission is accorded.

The writ petition stands dismissed as withdrawn with the liberty aforesaid.

I.A. No. 9872 of 2015 also stands accordingly disposed of.

Let the copy of the order dated 11.12.2015 passed in B.L.T. Case No.1271 of 2015, produced by the learned State counsel, be kept on record.

Arvind/- (Birendra Prasad Verma, J) U