Akhilesh Mandal And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10931 of 2005 ======================================================
1. Akhilesh Mandal son of Sri Jai Kant Mandal
2. Awadhesh Mandal son of Sri Jai Kant Mandal
3. Bijendra Prasad Yadav son of Late Bhubneshwari Prasad Yadav
4. Shailendra Prasad Yadav son of Late Bhubneshwari Prasad Yadav
5. Janardan Yadav son of Late Bhubneshwari Prasad Yadav
6. Arun Yadav son of Late Bhubneshwari Prasad Yadav
7. Panchawati Devi widow of Late Bhubneshwari Prasad Yadav
8. Sarswati Devi wife of Jai Prakash Poddar
9. Krishndeo Poddar son of Bachcho Poddar
10. Lila Prasad Singh son of Laxman Singh
11. Sheela Devi wife of Lila Singh All residents of village Lauwa Lagan Police Station Chousa, District Madhepura ... ... Petitioner/s
Versus
1. The State of Bihar
2. The Collector, Purnia
3. The Additional Collector, Land Ceiling Purnia
4. The Sub Divisional Officer, Uda-Kishunganj, District Madhepura
5. The Deputy Collector Land Refroms at Uda Kishanganj within the district of Madhepura.
6. The Circle Officer, Chousa within the district of Madhepura.
7. Jatashankar Prasad Bhagat son of Late Chandra Shekhar Prasad Singh @ Chandra Shekhar Prasad
8. Shyam Shankar Prasad Bhagat, son of Late Chandra Shekhar Prsad Singh @ Chandra Shekhar Prasad
9. Ram Prasad Bhagat Son of Late Ganesh Ram Bhagat
10. Jai Shankar Prasad Son of Late Ram Sewak Prasad Nos. 7 to 10 are residents of Village Naugachhia, Police Station Naugachhia District Bhagalpur ... ... Respondent/s ====================================================== Appearance :
For the Petitioners :
Mr. Arun Prasad Ambastha, Advocate For the Respondents :
Mrs. Kumari Amrita SCC3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-12-2021 Heard learned counsel for the petitioners and learned counsel for the respondents.
The writ application has been filed for quashing Purnia District Notification No. 3058 dated 26.10.2004 published in Extraordinary Issue No.21 dated 27.10.2004 as
Patna High Court CWJC No.10931 of 2005(7) dt.09-12-2021 2/2 contained in Annexure-3; and also for quashing the entire proceeding of Purnia District Land Ceiling Case No.155 of 1975-76/92/1808 of 1973-74 initiated under Section 10(2) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961.
This Court is of the opinion that this matter can well be adjudicated by the Bihar Land 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 Bihar Land Tribunal, Patna forthwith.
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.
The writ application is, accordingly, disposed of. (Sandeep Kumar, J) BT/- U