Shatrughan Yadav And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 19505 of 2014 ====================================================== 1.

Shatrughan Yadav and Anr Son of Hari Yadav 2.

Smt. Kalpana Devi Wife of Shatrughan Yadav Both residents of village Bhikhanpur, P.S. Amarpur, District Banka.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Deputy Collector, Land Reforms, Banka.

3.

The Anchal Adhikari , Amarpur, Banka.

4.

Sushila Devi wife of Ramjatan Harijan 5.

Niraj Sharma son of Late Chunchun Sharma Both residents of village Bikhanpur, P.S. Amarpur, District Banka.

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

For the Petitioner/s :

Mr. Praveen Kumar, Adv.

For the Respondent/s :

Mr. Sita Ram Yadav, G.P.-16 Mr. Jitendra Kumar, A.C. to G.P.-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-07-2023 Learned counsel for the petitioners, learned counsel for the State and learned counsel for the respondent no. 4 present.

2. It transpires to this Court that matter is related to the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, which covers under Section 9 of the Bihar Land Tribunal Act, 2009.

3. The present writ petition is related to Section 35 of Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, which is a Schedule Act under Section

Patna High Court CWJC No. 19505 of 2014(2) dt.04-07-2023 2/2 9 of the Bihar Land Tribunal Act, 2009. This Court is of the opinion that this matter ought to be adjudicated by the Bihar Land Tribunal.

4. Since Section 15 of the Bihar Land Tribunal Act, 2009 empowers that the petitions filed under Articles 226 and 227 of the Constitution of India be immediately transferred to the Tribunal, therefore, Registry is directed to transfer the record of this case to the Bihar Land Tribunal forthwith.

5. With the aforesaid direction, this writ petition is hereby disposed off.

(Dr. Anshuman, J.) sadique/- U T