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Patna High CourtCWJC/10614/2009disposal bcz file shifted to tribunal

Kiran Devi And ORS v. The State Of Bihar And ORS

2015-07-07Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10614 of 2009 ====================================================== Kiran Devi & Ors .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Arun Mr. Dhirendra Kr.Trivedi For the Respondent/s : Mr. AC to GP-2 Mr. Arun Prasad Ambastha Mr. Ravindra Kumar Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 07-07-2015 At the very out set, Sri Arun Kumar Arun, learned counsel for the petitioners, in presence of learned AC to GP-2 as well as learned counsel for the private Respondents, submits that present writ petition pertains to dispute under the provisions of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, which is a scheduled Act under the Bihar Land Tribunal Act, 2009.

Since, the Bihar Land Tribunal is already functioning, the Court considers that this matter can well be adjudicated by the Bihar Land Tribunal.

Accordingly, in view of submission made by learned counsel for the petitioners as well as in terms of proviso to Section 15 of the Bihar Land Tribunal Act, the Registry is directed to

Patna High Court CWJC No.10614 of 2009 (9) dt.07-07-2015 transmit the record of the case to the Bihar Land Tribunal forthwith.

Learned counsel for the petitioners makes a prayer for granting liberty to file rejoinder to the counter affidavit. It may be filed before the Tribunal.

(Rakesh Kumar, J) NKS/- U