Patna High CourtCWJC/12280/2005disposed

Shrimati Rabindar Kaur v. The State Of Bihar And ORS

2021-12-09Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12280 of 2005 ====================================================== Shrimati Rabindar Kaur wife of Shri Sardar Harbhajn Singh, resident of Village Guru Bazar, P. S. Barari, District Katihar ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, Katihar

3. The Sub-Divisional Officer, Katihar

4. The Deputy Collector Land Reforms, Katihar

5. Anchaladhikari, Anchal Barari, District Katihar

6. Ramawati Devi, widow of Late Brahmdeo Yadav

7. Suresh Yadav, son of Late Brahmdeo Yadav Respondents No. 6 and 7 are residents of village Barari, P.S. Barari, District Katihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioners :

Mr. Gajendra Kumar Jha, Mr. Sushil Kumar Jha, Advocates For Respondent Nos.6 & 7:

Mr. Sanjeev Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-12-2021 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the respondent nos.6 and 7.

The writ application has been filed for quashing of order dated 29.10.2004 passed in Appeal Case No.11 of 2004 as contained in Annexure-6 by which the Sub-Divisional Officer, Katihar has dismissed the appeal of the petitioner and confirmed the order dated 14.07.2003 passed by the Circle Officer, Anchal Barari in Case No. 20 of 2001-2002 under Section 48 (D) of the Bihar Tenancy Act.

Patna High Court CWJC No.12280 of 2005(9) dt.09-12-2021 2/2 This Court is of the opinion that this matter can well be adjudicated by the Bihar State 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 Tribunal 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 petitioner.

The writ application is, accordingly, disposed of. (Sandeep Kumar, J) BT/- U