Parwati Devi @ Parvati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7450 of 2023 ====================================================== PARWATI DEVI @ PARVATI DEVI W/O BRINDAWAN PRASAD, RESIDENT OF VILLAGE- PARASI,P.S.-PARASI,DISTRICT-ARWAL. ... ...

PETITIONER/S

VERSUS

1.

THE STATE OF BIHAR THROUGH THE COLLECTOR, ARWAL. 2.

THE COLLECTOR, ARWAL.

3.

ADDITIONAL COLLECTOR, ARWAL.

4.

THE DEPUTY COLLECTOR LAND REFORMS, ARWAL.

5.

THE CIRCLE OFFICER, ARWAL.

6.

KIRAN DEVI W/O SANJAY KUMAR, RESIDENT OF VILLAGE- GOH, P.S.- GOH, DISTRICT- ARWAL. AT PRESENT RESIDENT OF VILLAGE- PARASI, P.S.- PARASI, DISTRICT- ARWAL. 7.

VIDYA SAGAR PRASAD S/O LATE BHAGWAN DAS SAO, RESIDENT OF VILLAGE- PARASI, P.S.- PARASI, DISTRICT- ARWAL. ... ... RESPONDENT/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Baidya Nath Thakur , Advocate Shankar Kr. Thakur , Advocate For the Respondent/s :

Mr. Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-10-2023 Heard learned counsel for the petitioner and the State.

2. Present writ petition has been filed for quashing the order dated 12.03.2020 passed in Dakhil Kharij Case No. 865/R27/19-20, order dated 18.12.2020 passed in Mutuation Appeal Case No. 13/2020-2021, order dated 10.08.2022 passed

Patna High Court CWJC No.7450 of 2023(2) dt.03-10-2023 2/3 in Mutation Revision Case No. 60/AC/2022.

3. Learned counsel appearing for the State submits that during pendency of the writ petition, Bihar Land Tribunal has become functional and proviso to Section 15 of the Bihar Land Tribunal Act, 2009 which reads as "Provided further that it shall be open to the High Court of Judicature at Patna to remit the dispute pending adjudication in any writ proceeding before it for adjudication by the Tribunal".

Section 15 of the Act of 2009 stipulates that all cases connected with the Acts/Manuals dealt with under Section 9 of this Act and pending in the High Court of Judicature at Patna, but excluding writ petitions filed under Articles 226 and 227 of the Constitution of India and cases pending with the State Government, immediately before the commencement of this Act, as could have been within the jurisdiction of such Tribunal, and cases arsing after the commencement of this Act, as would have been within the jurisdiction of such Tribunal, shall stand transferred to the Tribunal with effect from the said date of commencement. Learned counsel submits that liberty may be given to the petitioner to approach the Bihar Land Tribunal for proper adjudication of the matter.

4. In view of the aforesaid facts and circumstances of

Patna High Court CWJC No.7450 of 2023(2) dt.03-10-2023 3/3 the case, matter is transferred to the Bihar Land Tribunal for its adjudication immediately.

5 . Writ petition stands disposed of with the aforesaid directions.

(Prabhat Kumar Singh, J) Kaushik/- U