Ram Briksh Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12375 of 2021 ====================================================== 1.
Ram Briksh Raut S/o Late Sita Ram Raut, Resident of Mohalla - Maharajganj, Ward No. 13 (New) (Old- 10), P.S. and District - Madhubani. 2.
Sarowar Devi, W/o Ram Briksh Raut, Resident of Mohalla - Maharajganj, Ward No. 13 (New) (Old- 10), P.S. and District - Madhubani. 3.
Raj Kumar Raut, S/o Late Ram Sudisht Raut, Resident of Mohalla - Maharajganj, Ward No. 13 (New) (Old- 10), P.S. and District - Madhubani. 4.
Rohit Kumar, S/o Raj Kumar Raut, Resident of Mohalla - Maharajganj, Ward No. 13 (New) (Old- 10), P.S. and District - Madhubani. 5.
Rishav Kumar, S/o Raj Kumar Raut, Resident of Mohalla - Maharajganj, Ward No. 13 (New) (Old- 10), P.S. and District - Madhubani. ... ... Petitioner/s
Versus
1.
The State of Bihar through Collector, Madhubani. 2.
The Collector, Madhubani.
3.
The Deputy Collector Land Revenue, Madhubani. 4.
The Sub-divisional Magistrate, Madhubani.
5.
Circle Officer, Rahika, District - Madhubani. 6.
Ayhodhi Paswan, Son of Late Lakhan Paswan, Resident of Mohalla - Maharajganj Ward No. 13 (New) (old- 10) P.S. and District Madhubani. 7.
Gopi Paswan, Son of Late Lakhan Paswan, Resident of Mohalla - Maharajganj Ward No. 13 (New) (old- 10) P.S. and District Madhubani. 8.
Budhan Paswan, S/o Late Lakhan Paswan, Resident of Mohalla - Maharajganj Ward No. 13 (New) (old- 10) P.S. and District Madhubani. 9.
Nathuni Mahto, Son of Late Ramjee Mahto, Resident of Mohalla - Maharajganj Ward No. 13 (New) (old- 10) P.S. and District Madhubani. 10.
Dilip Kumar Mahto, Son of Natuni Mahto, Resident of Mohalla - Maharajganj Ward No. 13 (New) (old- 10) P.S. and District Madhubani. 11.
Basudeo Mahto, Son of Late Ramjee Mahto, Resident of Mohalla - Maharajganj Ward No. 13 (New) (old- 10) P.S. and District Madhubani. 12.
Sunil Kumar Mahto, Son of Basudeo Mahto, Resident of Mohalla - Maharajganj Ward No. 13 (New) (old- 10) P.S. and District Madhubani. 13.
Anil Kumar Mahto, S/o Late Dhurub Mahto, Resident of Mohalla - Maharajganj Ward No. 13 (New) (old- 10) P.S. and District Madhubani. 14.
The Bihar Land Tribunal, Patna through its Chairman. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanat Kumar Mishra, Sr. Adv.,
Patna High Court CWJC No.12375 of 2021(2) dt.16-05-2022 2/3 Mr. Anil Kumar Jha, Adv.
For the State :
Mr. Abhay Kumar Kashyap, AC to GP-18 For Respondents 6 to 8 :
Mr. Shashi Nath Jha, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 16-05-2022 Heard the parties.
The case is being taken up from defect side.
Learned counsel for the petitioners is directed to submit the original petition along with attested affidavits and also remove all the defects pointed out by the Registry within two weeks from today.
Learned counsel for the petitioners submits that the petitioners have not withdrawn the application as noted by the B.L.T. in the ultimate para and the petitioners had only contested the matter on merits.
This Court noticed that the power of review exist under Section 11 of the B.L.T. Act, 2009 which is as under:- "11. Power to review the order of the Tribunal.- The Tribunal shall have the power and jurisdiction to make any correction in its order. Provided, the tribunal shall not have the power to review and reconsider its order and pass a fresh order." Allowing the petitioners to move Review Petition, the present writ petition is disposed of.
Patna High Court CWJC No.12375 of 2021(2) dt.16-05-2022 3/3 It is made clear that the matter has not been examined on merits and the petitioners shall be free to take up all the arguments in the Review Petition.
Learned counsel for the petitioners would be also free to move the stay application along with Review Petition before the B.L.T.
The writ petition is accordingly dismissed with aforesaid liberty.
(Sanjeev Prakash Sharma, J) Pravinkumar/- Item No. 73 U