Bilash Prasad Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23167 of 2012 ====================================================== 1.

Bilash Prasad Singh, Son of Late Kumud Prasad Singh, Resident of VillageBhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria 2.

Om Prakash, Son of Sukho Mahto, Resident of Village- Bhadash North, P.O. 3.

Hemant Kumar, Son of Virendra Prasad Singh, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria 4.

Anandi Prasad Singh, S/O Munsi Prasad Singh, Resident of VillageBhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria 5.

Suresh Prasad Singh, Son of Dhirendra Pd. Singh, Resident of VillageBhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria 6.

Ambed Prasad Singh, Son of Nageshwar Prasad, Resident of VillageBhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria 7.

Krishna Kumar, Son of Balram Prasad Singh, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria 8.

Rajendra Prasad Verma, Son of Late Ramadhin Singh, Resident of VillageBhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria 9.

Pawan Kumar, S/O Late Gurudeo Pd. Singh, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria 10.

Ajay Singh, Son of Panch Lal Singh, Resident of Village- Bhadash North, 11.

Sikandra Pd. Singh, Son of Ramadhar Prasad, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria 12.

Prakash Mahto, Son of Bahadur Mahto, Resident of Village- Bhadash North, 13.

Vinesh Prasad Singh, Son of Jagdish Prasad, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria 14.

Vijay Sah, Son of Gauri Sah, Resident of Village- Bhadash North, P.O. 15.

Baleshwar Sah, Son of Bino Sah, Resident of Village- Bhadash North, P.O. 16.

Bijal Prasad, Son of Lakhan Prasad Singh, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria 17.

Arun Singh, Son of Ragho Prasad, Resident of Village- Bhadash North, P.O. 18.

Sanjay Kumar, Son of Bishwanath Prasad Singh, Resident of VillageBhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria 19.

Asharfi Pd. Singh, Son of Chingi Pd. Singh, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria 20.

Vijay Kumar, Son of Late Janak Pd. Singh, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

2/7 21.

Ranbir Kumar, Son of Shakaldeo Pd. Singh, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria 22.

Dhirendra Pd. Singh, Son of Late Mainu Pd. Singh, Resident of VillageBhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria 23.

Bindeshwari Pd. Singh, Son of Late Manik Chand Prasad, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, DistrictKhagaria 24.

Indradeo Prasad Singh, Son of Late Parmeshwar Pd. Singh, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, DistrictKhagaria 25.

Vilash Chandra Singh, Son of Late Jagdish Prasad Singh, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, DistrictKhagaria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Commissioner, Munger Division, Munger 3.

The Collector-Cum-District Magistrate, Khagaria 4.

Addl. Collector, Khagaria 5.

Sub-Divisional officer, Khagaria, District- Khagaria 6.

Deputy Collector Land Reforms, Khagaria, District- Khagaria 7.

Circle officer, Khagaria District- Khagaria 8.

Circle Inspector, Khagaria District- Khagaria 9.

Gram Panchayat Bhadas, Through Its Mukhiya 10.

Umesh Sada, S/O Jai Jai Ram Sada, Resident of Village- Bhadash North, 11.

Sunil Sada, Son of Dhodhar Sada, Resident of Village- Bhadash North, P.O. 12.

Mostt. Dulari Devi, Wife of Late .............................. Resident of VillageBhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria 13.

Shambhu Sada, Son of Baleshwar Sada, Resident of Village- Bhadash North, 14.

Pramod Sada, S/O Baleshwar Sada, Resident of Village- Bhadash North, 15.

Kisho Sada, S/O Dhodhar Sada, Resident of Village- Bhadash North, P.O. 16.

Ramji Sada, Son of Bhago Sada, Resident of Village- Bhadash North, P.O. 17.

Maheshwar Sada Son of Moti Sada Resident of Village- Bhadash North, 18.

Nand Kishore Sada, Son of Bhago Sada, Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria

3/7 19.

Prem Sada, Son of Ramotar Sada, Resident of Village- Bhadash North, P.O. 20.

Lalan Sada, Son of Ramotar Sada, Resident of Village- Bhadash North, P.O. 21.

Indal Sada, Son of Suraj Sada, Resident of Village- Bhadash North, P.O. 22.

Dilip Sada, Son of Jamun Sada, Resident of Village- Bhadash North, P.O. 23.

Ranjit Sada, Son of Damodar Sada, Resident of Village- Bhadash North, 24.

Pankaj Sada, Son of Ramdeo Sada, Resident of Village- Bhadash North, P.O. 25.

Shambhu Sada, Son of Nand Lal Sada, Resident of Village- Bhadash North, 26.

Pulis Sada Son of Brahmdeo Sada Resident of Village- Bhadash North, P.O. 27.

Ashok Sada, Son of Parmeshwar Sada, Resident of Village- Bhadash North, 28.

Sapan Sada, Son of Sunder Sada, Resident of Village- Bhadash North, P.O. 29.

Umesh Sada, Son of Tarni Sada, Resident of Village- Bhadash North, P.O. 30.

Raban Sada, Son of Baleshwar Sada, Resident of Village- Bhadash North, 31.

Lalku Sada, Son of Baleshwar Sada, Resident of Village- Bhadash North, 32.

Pukar Sada, Son of Ram Bahadur Sada, Resident of Village- Bhadash North, 33.

Babloo Sada, Son of Jageshwar Sada, Resident of Village- Bhadash North, 34.

Kamleshwari Sada, Son of Phagu Sada, Resident of Village- Bhadash North, 35.

Bechan Sada, Son of Narayan Sada, Resident of Village- Bhadash North, 36.

Sanjay Sada, Son of Siko Sada, Resident of Village- Bhadash North, P.O. 37.

Kuldeep Sada Son of Brahmdeo Sada Resident of Village- Bhadash North, 38.

Pintu Sada, Son of Bideshi Sada, Resident of Village- Bhadash North, P.O. 39.

Dharmendra Sada, Son of Prem Sada, Resident of Village- Bhadash North, 40.

Dularchand Sada, Son of Maheshwar Sada, Resident of Village- Bhadash

4/7 North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria 41.

Vijay Sada, Son of Laddu Lal Sada, Resident of Village- Bhadash North, 42.

Babloo Sada, Son of Yogi Sada, Resident of Village- Bhadash North, P.O. 43.

Maini Devi Wife of Late Nityanand Sada Resident of Village- Bhadash North, P.O. Bhadas South, P.S. Khagaria, District- Khagaria 44.

Sultan Sada, Son of Tilo Sada, Resident of Village- Bhadash North, P.O. 45.

Shambhu Sada Son of Lakhan Sada Resident of Village- Bhadash North, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dronacharya, Advocate For the Respondent/s :

Ms. Kumari Amrita, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-02-2023 Heard learned counsel for the parties.

The petitioner has filed the instant writ application for the following relief(s):- "That, this application is for issuance of an appropriate writ(s)/order(s)/direction and thereby to issue a writ in the nature of 'CERTIORARI' and thereby to quash the order of settlement vide Land Settlement record No.9/0809 vide order dated 12.5.2010 passed by Commissioner, Munger Division Munger and duly communicated by learned district Magistrate Khagaria vide order dated 14.5.2010 on the basis of which Parwana has been issued to 36 settlees by the authorities of Anchal & subdivision over Gairmazarua Aam Land in favour of Respondent No. 10 to 45, appertaining to Khata No. 1517, Khesra No.4700 area 0.9 acre

5/7 and Khata No.1714 Plot No.5218 are 0.99 acre is. total 1 Acre 8 decimals of Mauza Bhadas (north) P.S.& anchal-Khagaria District Khagaria."

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 (v) The Bihar Tenants' Holdings (Maintenance of Records) Act, 1973 (vi) The Bihar Bhoodan Yagna Act, 1954

6/7 (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 the relevant provisions of the Act, especially section 9 and proviso to section 15 of the Act, the instant application is

7/7 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) avinash/- U