Bhuneshwar Prasad Thakur v. Director Consolidation, Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16675 of 2015 ====================================================== Bhuneshwar Prasad Thakur Son of Janak Prasad Thakur Resident of Village Phulhara Banno P.S. Rajapakar P.O. Bidupur P.S. and District Vaishali. ... ... Petitioner/s

Versus

1.

Director Consolidation, Bihar, Patna.

2.

Binod Sah Son of Late Heera Sah Resident of Village Sherpur P.S. Muzaffarpur Town P.O. Sherpur District Muzaffarpur. 3.

Madan Prasad Son of Saryug Sah.

4.

Smt. Chandrakala Devi Wife of Gena Prasad Sah. 5.

Most. Panpati Devi Wife of late Doman Sah.

6.

Smt. Manjharia Devi Wife of Garib Nath Sah All Residents of Village Phulhara Bano P.S. Raja Pakar, P.O. Bidupur P.S. and District Vaishali.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratan Kumar Sinha, Adv.

For the Respondent/s :

Mr. Gautam Bose, AAG-8.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 28-08-2023 Heard learned counsel for the petitioners and learned counsel for the State.

2. The present writ petition has been filed for quashing of the order dated 15.05.2008 passed by the Director Consolidation, Bihar, Patna in Consolidation Revision Case No.116 of 2007.

3. Since the present matter relates to the provisions of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Bihar Act 22 of 1956), which is a

Patna High Court CWJC No.16675 of 2015 dt.28-08-2023 2/2 scheduled Act, under Section 9 of the Bihar Land Tribunal Act, 2009 (Bihar Act 9 of 2009), this Court is of the opinion that the matter can well be adjudicated by the Tribunal.

4. Accordingly, in view of the proviso to Section 15 of the Bihar Land Tribunal Act, 2009 (Bihar Act 9 of 2009), the Registry is directed to transmit the record of this case to the Tribunal forthwith.

5. 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 the record of this case after sending and service of notices to all the parties concerned, including the petitioners.

6. With this observation and direction, the present Writ Petition stands disposed off.

(Dr. Anshuman, J.) Ritik/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29/08/2023 Transmission Date NA