Manawa Kuer And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17370 of 2014 ====================================================== 1.

Manawa Kuer and Anr Wife of Chirkut Bind.

2.

Sudama Bind son of Late Chirkut Bind Resident of Village-Karamichak, P.S.-Bhabhua, District-Kaimur Bhabhua.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Director of Consolidation Bihar, Patna.

3.

The Deputy Director of Consolidation, Rohtas 4.

Consolidation Officer, Bhabhua.

5.

Ram Bhog Bind.

6.

Ram Bilash Bind 7.

Angad Bind All three sons of Late Mukhi Bind Resident of VillageKaramichak, P.S.-Bhabhua, District-Kaimur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arabind Nath Pandey, Adv.

For the Respondent/s :

Mr. Zaki Haider, AC to AG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-06-2023 Counsel for the petitioner and counsel for the State are present.

Counsel for the petitioner submits that the present Writ application has been filed for setting aside order dated 10.05.1995, passed in Revision case no. 434 of 1994, passed by Research Officer, Director of Consolidation, Patna, contained in Annexure-3 under Section 35 of Bihar Consolidation Of Holdings And Prevention Of Fragmentation Act, 1956, which is a Schedule Act under Section 9 of the Bihar Land Tribunal Act,

Patna High Court CWJC No.17370 of 2014(2) dt.27-06-2023 2/2 2009. This Court is of the opinion that this matter ought to be adjudicated by the Bihar Land Tribunal.

Section 15 of the Bihar Land Tribunal Act, 2009 empowers that the petitions filed under 226 and 227 of the constitution of India be immediately transfered to the Tribunal. In this view of the matter, Registry is directed to transfer the record of this case to the Bihar Land Tribunal forthwith.

Considering the fact that the case is pending before this Court for long, it is expected that that Bihar Land Tribunal will hear and dispose off this case within a period of 9 months from the date of receipt of the record of this case after giving proper notice to all the parties concerned including the petitioners.

With the aforesaid direction, this writ petition is hereby disposed off in the light of observation made above. (Dr. Anshuman, J.) Ashishsingh/- U