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Patna High CourtCWJC/6146/2023disposed

Anil Sharma v. The State Of Bihar

2023-09-05Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6146 of 2023 ====================================================== Anil Sharma Son of Shri Asharfee Sharma, Resident of Village - Gandhipur Bariyarpur, P.S. - Bariyarpur, District - Munger. At present Village - Rahmatpur, P.O. and P.S. Asarganj, District - Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

District Magistrate, Munger.

3.

The Addl. District Magistrate, Munger.

4.

The Sub Divisional Officer, Tarapur, District Munger. 5.

The Registrar, District Registration Officer, Munger. 6.

Land Reforms Dy. Collector, Tarapur, District Munger. 7.

Circle Officer, Tarapur, District - Munger.

8.

Smt. Indu Gupta @ Indu Devi Daughter of Raghunandan Bhagat, Wife of Devendra Prasad Gupta, Resident of Village - Rahmatpur, P.O. and P.S. Asarganj, District - Munger.

9.

The Forest Officer, Munger.

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

For the Petitioner/s :

Mr. Dhananjay Mishra, Adv.

:

Mr. Nilesh Kumar Nirala, Adv.

For the State :

Mr. W.A. Khan, AC to SC-25.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for quashing of the order dated 07.02.2023 passed by A.D.M., Munger in Mutation Case No.02 of 2014-15 as well as the order dated 31.05.2014 passed by Deputy Collector, Land Reforms, Tarapur, Munger in Mutation Appeal No.14 of 2013-14.

3. Since the present matter relates to the provisions of

Patna High Court CWJC No.6146 of 2023(2) dt.05-09-2023 2/2 the Bihar Land Mutation Act, 2011 (Bihar Act 23 of 2011), 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. With this observation and direction, the present Writ Petition stands disposed off.

(Dr. Anshuman, J.) Ritik/- U