Ganesh Tiwary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 5068 of 2000 ====================================================== Ganesh Tiwary .... .... Petitioner

Versus

The State of Bihar & Ors .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhu Nath Roy, Sr.Adv. Mr. Mritunjay Pd.Singh 2, Adv.

For the Respondent/s : Mr. Bakshi S.R.P.Sinha, Sr.Adv. Mr. Achaibari Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 6.

02-07-2015 At the very outset, Sri Bakshi S.R.P.Sinha, learned senior counsel, who was assisted by Sri Achaibari Singh, learned counsel for private respondents, in presence of Sri Prabhu Nath Roy, learned senior counsel, who was assisted by Sri Mritunjay Prasad Singh, learned counsel for the petitioner, submits that in view of constitution of Bihar Land Tribunal under the provisions of Bihar Land Tribunal Act, 2009, this matter may be referred to the Tribunal. It was submitted that the present writ petition pertains to a dispute under the provisions of Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, which has been included in Section 9 of the Bihar Land Tribunal Act, 2009. He submits that since the Tribunal is already functioning, this matter may be referred to the Tribunal.

The submission made by learned senior counsel for

Patna High Court CWJC No.5068 of 2000 (6) dt.02-07-2015 2/2 private respondents was not disputed by learned senior counsel for the petitioner.

Accordingly, in view of prayer made by learned counsel for the parties as well as in terms of proviso to Section 15 of the Bihar Land Tribunal Act, 2009, the Registry is directed to transmit the record of this case to the Bihar Land Tribunal forthwith.

(Rakesh Kumar, J.) Anay U