Kaislah Choudhary v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12402 of 2012 ====================================================== Kaislah Choudhary Son Of Sita Ram Pasi Resident Of Village- Hemjapur, P.S.- Amas, District- Gaya ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Joint Director, Consolidation, Magadh Division, Gaya, District- Gaya 3.
The Consolidation Officer, Amas, District- Gaya 4.
Savitri Devi Wife Of Turi Pasi Resident Of Village- Hemjapur, P.S.- Amas, District- Gaya. At Present Mohalla- Madanpur, P.S.- Civil Lines, DistrictGaya 5.
Dinesh Choudhary Son Of Tun Pasi Resident Of Village- Hemjapur, P.S.- Amas, District- Gaya. At Present Mohalla- Madanpur, P.S.- Civil Lines, District- Gaya 6.
Anil Choudhary Son Of Tun Pasi Resident Of Village- Hemjapur, P.S.- Amas, District- Gaya. At Present Mohalla- Madanpur, P.S.- Civil Lines, District- Gaya 7.
Gulabi Devi Wife Of Late Pun Pasi Resident Of Village- Hemjapur, P.S.- Amas, District- Gaya. At Present Mohalla- Madanpur, P.S.- Civil Lines, District- Gaya 8.
Ram Pravesh Choudhary Son Of Late Pun Pasi Resident Of VillageHemjapur, P.S.- Amas, District- Gaya. At Present Mohalla- Madanpur, P.S.- Civil Lines, District- Gaya 9.
Baban Choudhary Son Of Late Pun Pasi Resident Of Village- Hemjapur, P.S.- Amas, District- Gaya. At Present Mohalla- Madanpur, P.S.- Civil Lines, District- Gaya 10.
Rajesh Choudhary Son Of Late Pun Pasi Resident Of Village- Hemjapur, P.S.- Amas, District- Gaya. At Present Mohalla- Madanpur, P.S.- Civil Lines, District- Gaya 11.
Mahesh Choudhary Son Of Late Pun Pasi Resident Of Village- Hemjapur, P.S.- Amas, District- Gaya. At Present Mohalla- Madanpur, P.S.- Civil Lines, District- Gaya 12.
Most. Karmu Devi Wife Of Kate Munni Pasi Resident Of VillageHemjapur, P.S.- Amas, District- Gaya 13.
Sonu Choudhary Son Of Basant Pasi Resident Of Village- Hemjapur, P.S.- Amas, District- Gaya 14.
Hari Choudhary Son Of Bital Pasi Resident Of Village- Hemjapur, P.S.- Amas, District- Gaya 15.
Naresh Choudhary Son Of Janki Pasi Resident Of Village- Hemjapur, P.S.- Amas, District- Gaya 16.
Suresh Choudhary Son Of Janki Pasi Resident Of Village- Hemjapur, P.S.- Amas, District- Gaya 17.
Umesh Chaudhary Son Of Janki Pasi Resident Of Village- Hemjapur, P.S.- Amas, District- Gaya 18.
Ram Briksha Choudhary Son Of Dasrath Pasi Resident Of VillageHemjapur, P.S.- Amas, District- Gaya
2/5 19.
Lakhan Choudhary Son Of Dasrath Pasi Resident Of Village- Hemjapur, P.S.- Amas, District- Gaya 20.
Pravesh Choudhary Son Of Karn Choudhary Resident Of VillageHemjapur, P.S.- Amas, District- Gaya 21.
Amresh Choudhary Son Of Karn Choudhary Resident Of VillageHemjapur, P.S.- Amas, District- Gaya 22.
Kamlesh Choudhary Son Of Karn Choudhary Resident Of VillageHemjapur, P.S.- Amas, District- Gaya 23.
Guddu Choudhary Son Of Karn Choudhary Resident Of Village- Hemjapur, P.S.- Amas, District- Gaya 24.
Mahendra Choudhary Son Of Barhan Choudhary Resident Of VillageHemjapur, P.S.- Amas, District- Gaya 25.
Surendra Choudhary Son Of Barhan Choudhary Resident Of VillageHemjapur, P.S.- Amas, District- Gaya 26.
Bujhan Choudhary Son Of Late Heeraman Choudhary Resident Of VillageHemjapur, P.S.- Amas, District- Gaya 27.
Kunti Devi Wife Of Lakhan Choudhary Resident Of Village- Hemjapur, P.S.- Amas, District- Gaya ... ... Respondent/s ====================================================== Appearance :
(In Civil Writ Jurisdiction Case No. 12402 of 2012) For the Petitioner/s :
Mr. Md. Javed Jafar Khan, Advocate For the Respondent/s :
Mr. G.K. Agrwal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-02-2023 Heard learned counsel for the parties.
The petitioner has filed the instant writ application for the following relief(s):- "1. That by this writ application, the petitioner, prays for issuance of an appropriate writ or writs for quashing the orders dated 20.06.2008 passed by the Joint Director, Consolidation, Magadh Division, Gaya in Revision Case no.104/08 V/S 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (herein after referred as "
3/5 Consolidation Act) whereby and where under the said authority directed the Consolidation Officer, Amas to expunge the name of petitioner and others from the Khata in question and open the Khata in the name of respondent No.4 to 11 with regard to land in dispute [ The impugned order is annexed as Annexure-2 to this writ petition]"
It is submitted by learned counsel appearing for the respondents that the petitioner has an alternate and efficacious remedy of pursuing his case before the tribunal constituted under the Bihar Land Tribunal Act, 2009 ('the Act' in short) Sections 9 and 15 of the Act are quoted herein below for ready reference.
"9. Powers of the Tribunal. - (1) The Tribunal shall have the power to entertain any application against the final order passed by the Appropriate Authorities under the Acts/ Manuals, mentioned below, within 90 days of such an order provided no other forum of appeal or revision against the order passed is provided in that Act/ Manuals: (i) The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (ii) The Bihar Land Reforms Act, 1950 (iii) The Bihar Tenancy Act, 1885 (iv) The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956
4/5 (v) The Bihar Tenants' Holdings (Maintenance of Records) Act, 1973 (vi) The Bihar Bhoodan Yagna Act, 1954 (vii) The Bihar Privileged Persons Homestead Tenancy Act, 1947 (viii) The Bihar Government Estates Manual, 1953 (ix) The Bihar Settlement Manual It shall be open to the State Government to add or remove any Law/Manual in or from the list hereinfore mentioned.
(2) In addition, the Tribunal shall decide any case transferred to it by the Government of Bihar or by the Hon'ble High Court of Judicature at Patna with regard to any other revenue or land reforms Law/ Manual for the time being in force.
(3) The Tribunal shall have powers vested in the Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908) including the power to recommend to punish for Contempt of Court.
15. Transfer of proceedings pending in Patna High Court/ State Government to the Tribunal. - 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 arising 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: 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."
Having heard the parties and taking into consideration
5/5 the relevant provisions of the Act, especially section 9 and proviso to section 15 of the Act, the instant application is remitted to the learned tribunal constituted under the Act for adjudication in accordance with law.
Before the records are sent, the office of this Court will retain a complete photocopy of the order sheet as also a complete copy of the petition along with all annexures etc.. Thereafter, the original records will be transferred to the tribunal constituted under the Act.
The parties who have appeared in the writ application shall appear before the tribunal within a period of four weeks. With respect to those who have not appeared, the tribunal shall notify the date and place of hearing as provided under Rule 12 of the Bihar Land Tribunal Rules 2010 and thereafter proceed to decide the case in accordance with law.
It is clarified that the interim order/protection, if any, granted to the petitioner in the instant application shall continue till the first date of hearing in the tribunal. The writ application stands disposed of.
(Partha Sarthy, J) Prakash/- U