Patna High CourtCWJC/2867/2011disposal bcz file shifted to tribunal

Hridya Narayan Singh v. The State Of Bihar And ORS

2017-02-232 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 2867 of 2011 ====================================================== Hridya Narayan Singh, Son of Late Kapil Singh, resident of village Babhaniaw, P.S. Jagdishpur, Distt. Bhojpur .... .... Petitioner

Versus

1. The State Of Bihar

2. The Director, Consolidation, Bihar, Patna

3. The Deputy Director, Consolidation, Bhojpur Arrah

4. The Consolidation Officer, Arrah

5. The Collector, Bhojpur, Arrah

6. The Deputy Collector, Land Reforms, Jagdishpur, Arrah

7. The Anchal Adhikari, Jagdishpur, Bhojpur, Arrah

8. Most. Kusum Devi W/O Late Brij Bihari Lal Resident of VillageBabhaniaw, P.S. Jagdishpur, District-Bhojpur .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Abhay Kumar Singh, Adv. For Respondents No. 1 to 7 : Mr. Manoj Kumar, AC to GP-4 For Respondent no. 8 Mr. Bipin Kumar, Adv. Mr. Raghubir Chandrayan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-02-2017 Heard the parties.

It is admitted case of the parties that for similar dispute, CWJC No. 9147 of 2010 was filed by respondent no. 8 and two others and a Bench of this Court vide order dated 21.11.2016 in presence of both the parties referred the aforesaid CWJC No. 9147 of 2010 to Bihar Land Tribunal, Patna to decide the issues and liberty was granted to the parties to raise all the issues of facts and law before the learned Bihar Land Tribunal, Patna.

Patna High Court CWJC No.2867 of 2011 (4) dt.23-02-2017 2/2 Therefore, in my view, to avoid the difference of opinion, this matter should also be referred to Bihar Land Tribunal, Patna. Accordingly, this matter is sent to the Bihar Land Tribunal, Patna with direction to concerned Tribunal to hear this matter along with the matter which was referred by a Bench of this Court vide order dated 21.11.2016 passed in CWJC No. 9147 of 2010.

However, it is informed on behalf of the parties that up till now, respondent no. 8 has not filed any petition before the Bihar Land Tribunal, Patna in the light of order dated 21.11.2016 passed in CWJC No. 9147 of 2010.

If it is so, the learned Bihar Land Tribunal, Patna shall proceed with the present matter without waiting for filing of petition on behalf of respondent no. 8 or any petitioners of CWJC No. 9147 of 2010.

The office should send this record to the learned Bihar Land Tribunal, Patna within four weeks from today. Both parties are directed to appear before the learned Bihar Land Tribunal, Patna on 30.03.2017.

(Hemant Kumar Srivastava, J) SHAHZAD/- U