Patna High CourtCWJC/14301/2008disposal bcz file shifted to tribunal

Dharam Sheela Sharma v. The State Of Bihar And ORS

2015-03-09Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14301 of 2008 ======================================================

1. Dharamsheela Sharma, D/O Late Ram Nagina Singh, wife of Sri Bali Prasad Sinha, resident of village- Ghoswar, P.S. Hajipur Sadar, DistrictVaishali

2. Sudha KumarD/O Late Ram Nagina Singh, wife of Sri Mukesh Kumar Singh, R/o village- Gumti, P.S. Baranti, O.P, District- Vaishali

3. Vinod Kumar Sharma, son of Late Ram Nagina Singh, resident of village- Dharampur, P.S. Vaishali, District- Vaishali .... .... Petitioners

Versus

1. The State of Bihar through the Deputy Director of Consolidation, Hajipur

2. Director, Consolidation, Bihar, Patna

3. Deputy Director of Consolidation, Hajipur

4. Consolidation Officer, Vaishali, Hajipur

5. Bateshwar Singh, son of Janak Singh, resident of village- Dharampur, P.S. Vaishali and District- Vaishali

6. Ram Naresh Singh, son of Parmeshwar Singh @ Fauzdar Singh, resident of Chandrathi, P.S. Kudhani, District-Muzaffapur

7. Gangotri Narayan Sharma, son of Jang Bahadur Singh, resident of Kamalpur and District-Muzaffarpur .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Partha Sarthy Mr. Kumar Vikram Mr. Gopal Sharan Singh For the Respondent/s : Mr. AC to SC-25 Mr. Girijanand Prasad Mr. Arun Kumar Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................

09-03-2015 Heard learned counsel for the petitioner, learned AC to SC-25 and Sri Girija Nand Prasad, learned counsel, who has appeared on behalf of private Respondent no.5. In the present writ petition, the order passed by the Director of Consolidation under Section-35 of the Bihar

Patna High Court CWJC No.14301 of 2008 (5) dt.09-03-2015 2/2 Consolidation of Holdings and Prevention of Fragmentation Act, 1956, is under challenge, which is a scheduled Act under Section9 of the Bihar Land Tribunal Act, 2009. The Court is of the opinion that this matter can well be adjudicated by the Bihar Land Tribunal.

Accordingly, in view of proviso to Section 15 of the Bihar Land Tribunal Act, the Registry is directed to transmit the record of the case to the Bihar Land Tribunal forthwith. (Rakesh Kumar, J) NKS/- U