Maya Devi And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11084 of 2008 ======================================================
1. Maya Devi wife of Late Ganpat Prasad
2. Shanti Devi wife of Late Ram Keshwar Prasad, Both residents of Mohalla- Karsilly, Shamshanghat Road, P.O Chandchaura, P.S. Civil Lines, District- Gaya .... .... Petitioners
Versus
1. The State of Bihar
2. The Collector, Gaya
3. The Deputy Collector Land Reforms, Gaya
4. The Circle Officer, Town Anchal, Chandauti, Gaya
5. Gopal Prasad, son of Late Ram Prasad, resident of Mohalla- Karsilly, Shamshanghat Road, P.O. Chandchaura, P.S. Civil Lines, DistrictGaya
6. Additional Collector, Gaya .... .... Respondents ====================================================== Appearance :
For the Petitioner/s : Mr. Suraj Narayan Yadav Mr. Pancha Nand Pandit For the Respondent/s : Mr. (Ga6) Mr. S.D.Sanjay Mr. Akash Chaturvedi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................
30-03-2015 Heard Sri Suraj Narayan Yadav, learned counsel for the petitioners and learned counsel, who has appeared on behalf of private Respondent.
The present writ petition was filed earlier for quashing of an order passed in Mutation Case No.105/99. However, during pendency of the present writ petition, the petitioners filed a petition for amending the prayer in the writ petition to the extent of challenging an order dated 11.01.2014 passed in Revision Case
Patna High Court CWJC No.11084 of 2008 (8) dt.30-03-2015 2/2 no.122 of 2011-12. Since dispute relates to provision of the Bihar Tenants' Holdings (Maintenance of Records) Act, 1973 (subsequently the same has been replaced by Mutation Act, 2011), which is a scheduled Act under Section-9 of the Bihar Land Tribunal Act, 2009, the Court is of the opinion that this matter can well be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. Accordingly, in view of proviso to Section 15 of the Bihar Land Tribunal Act, the Registry is directed to transmit the record of the case to the Bihar Land Tribunal forthwith. (Rakesh Kumar, J) NKS/- U