Gyan Prakash Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6294 of 2009 ====================================================== Gyan Prakash Singh & Ors .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Mohan Kumar Singh For the Respondent/s : Mr. Kaushal Kumar Jha, AAG 14 Mr. K.N. Chaubey, Sr. Counsel ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-05-2015 Heard Sri Brij Mohan Kumar Singh, learned counsel for the petitioners, Sri Kaushal Kumar Jha, learned AAG No. 14 as well as Sri K.N. Chaubey, learned senior counsel, for the private respondent.

The present writ petition pertains to a dispute under the provisions of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, which is a Scheduled Act under the provisions of the Bihar Land Tribunal Act, 2009. The court is of the opinion that this matter can well be adjudicated by the Bihar Land Tribunal constituted under the Bihar Land Tribunal Act, 2009.

Accordingly, 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.

Patna High Court CWJC No.6294 of 2009 (5) dt.19-05-2015 2/2 It is made clear that if any petition is filed for vacating order of stay, it would be open for the Bihar Land Tribunal to pass appropriate order in accordance with law without being prejudiced with the earlier order of stay.

(Rakesh Kumar, J) Praful/- U