Jainath Sharma And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17315 of 2008 ======================================================
1. Jainath Sharma, son of late Dhenuk Chand Sharma
2. Smt. Sumitra Sharma, w/o Jai Nath Sharma
3. Avinash Kumar Sharma, 4.Rahul Kumar Sharma
5. Rohit Kumar Sharma All sons of Jai Nath Sharma
6. Binod Sharma
7. Nageshwar Sharma
8. Shatrughan Sharma
9. Hirdaya Nand Sharma
10. Sunil Kumar Sharma
11. Anil Kumar Sharma
12. Raj Kumar Sharma
13. Rameshwar Nath Sharma All sons of late Baij Nath Sharma
14. Fulwanti Devi @ Janki Devi, widow of late Baij Nath Sharma
15. Smt. Sharda Sharma, wife of Binod Sharma all residents of Village- Raza Bazar, Bihia, Police Station- Bihia, DistrictBhojpur ... ... Petitioner/s
Versus
1. The State of Bihar
2. Director Consolidation, Bihar, Patna
3. Raja Ram Sharma, son of late Dhenuk Chand Sharma, resident of VillageRaza Bazar, Bihia, Police Station-Bihia, District-Bhojpur ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sachida Nand Singh, Advocate For the State :
Mr. Ashok Priyadarshi, GA-4 For BLT :
Mr. Dilip Kumar-1, Advocate Mr. Ram Ishwar Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 16-08-2023 Heard learned counsel for the petitioners and learned counsel for the State.
2. The present writ petition has been filed for quashing the order dated 22.04.2008, passed by respondent No.2, namely,
Patna High Court CWJC No.17315 of 2008 dt.16-08-2023 2/2 the Director Consolidation, Bihar, Patna.
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 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. The writ petition is accordingly, disposed of. (Dr. Anshuman, J) Ashwini/- AFR/NAFR CAV DATE NA Uploading Date 21.08.2023 Transmission Date NA