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Patna High CourtCWJC/22379/2014disposed

Birendra Prasad Sah @ Birendra Prasad Saha v. The State Of Bihar And ORS

2023-09-15Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22379 of 2014 ====================================================== Birendra Prasad Sah @ Birendra Prasad Saha Son of Late Surya Narayan Sah, resident of village - Udakishunganj , P.S. Udakishunganj , DistrictMadhepura. ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Secretary Revenue and Land Reformas Department Bihar , Patna. 3.

The Collector , Saharsa.

4.

The Additional Collector -cum- Revenue Officer , Madhepura. 5.

The Revenue Office , Udakishunganj , Madhepura. 6.

The Anchal Adhikari , Bihariganj , District - Madhepura . 7.

Sanjay Kumar Singh Son of Arjun Pd. Singh, resident of village - Gwalpara , P.S. Kishunganj , District - Mashepura.

8.

Ravi Shankar Kumar.

9.

Prem Shankar Kumar Both are sons of Indradeo Singh. null 10.

Smt. Nabita Kumari , wife of Kumar Gyan Prakash 11.

Nitesh Choudhary Son of Upendra Pd. Choudhary All residents of village - Udakishanganj, P.S. Udakishanganj, District- Madhepura 12.

Surendra Yadav , Son of Late Mahavir Yadav , resident of village - Gwalpara, p.S. Udakishanganj, District - Madhepura. 13.

Smt. Bharti Singh , wife of Kundan Kumar , resident of village Diwara, P.S. Barhara Kothi , District- Purnea.

14.

Smt. Mamta Kumari wife of Raman Kumar Singh resident of village Mohanpur , P.S. Bihariganj, District - Madhepura. 15.

Gangesh Gunjan Son of Baleshwar Jha , resident of village Mohalla Gangjala, P.S. and District - Saharsa.

16.

Jai Prakash Yadav Son of Late Babuji Pd. Yadav resident of village Gwalpara, P.S. Udakishanganj , District - Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Uday Singh, Adv.

:

Mr. Akash Kumar Mishra, Adv.

For the State :

Mr. Kumar Pankanj, AC to SC-5.

For the Res. No.7 :

Mr. Alok Kumar, Adv.

For the Res. No.10 :

Ganesh Prasad Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-09-2023 Heard learned counsel for the petitioners and

Patna High Court CWJC No.22379 of 2014(5) dt.15-09-2023 2/2 learned counsel for the State.

2. The present writ petition has been filed for quashing of the order dated 12.11.2013 passed by the Additional Collector, Madhepura in Revision Case No.17 of 2012.

3. Since the present matter relates to the provisions of the Bihar Tenancy Act, 1885 (Bihar Act VIII of 1885), which is a scheduled Act, under Section 9 of the Bihar Land Tribunal Act, 2009 (Bihar Act 9 of 2009), this Court is of the opinion that the matter can well be adjudicated by the Tribunal.

4. Accordingly, in view of the proviso to Section 15 of the Bihar Land Tribunal Act, 2009 (Bihar Act 9 of 2009), the Registry is directed to transmit the record of this case to the Tribunal forthwith.

5. It is expected that the Tribunal will hear and dispose of the case within a period of nine months from the date of receipt of the record of this case after sending and service of notices to all the parties concerned, including the petitioners.

6. With this observation and direction, the present Writ Petition stands disposed off.

(Dr. Anshuman, J.) Ritik/- U