Deoki Devi Bajaj v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10670 of 2014 ====================================================== Deoki Devi Bajaj Wife of Late Om Prakash Bajaj, Resident of Flat No. 505, Puspanjali Venkatesh Apartment, Budh Marg, Patna, P.S.- Kotwali, DistrictPatna ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Divisional Commissioner, Patna Division, Patna 3.

District Magistrate, Patna 4.

Sub-Divisional Magistrate, Danapur, Patna 5.

Deputy Collector, Land Reforms, Danapur, District- Patna 6.

Station House Officer, Rupaspur, P.S.- Danapur, District- Patna 8.

Nagendra Rai, Son of name not known, Resident of Vaishanavi Path, Gola Road, Danapur, P.S.- Rupaspur, District- Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Prasad Singh, Advocate For the Respondent/s :

Mr. Ga12- Ajay ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-01-2024 I. A. No. 01 of 2021 This interlocutory application i.e., I.A. No. 1 of 2021 has been filed for substitution of sole petitioner who died on 07.05.2021 during the pendency of this case, leaving behind his legal heirs/representatives, mentioned in paragraph 2 of the interlocutory application as:

"1. Sanjeev Kumar Bajaj

2. Rajnesh Bajaj

3. Ashish Bajaj"

2. Considering the averments made in the I. A. No. 1 of 2021, the same is allowed and name of the present sole petitioner is substituted with his legal heirs/representatives, as

Patna High Court CWJC No.10670 of 2014(4) dt.11-01-2024 2/3 mentioned above, as petitioners in CWJC No. 10670 of 2014. CWJC No. 10670 of 2014

3. Heard learned counsel for the parties.

4. This writ application has been filed for quashing order dated 18.02.2014/24.02.2014 passed by learned Divisional Commissioner, Patna (Respondent No. 2) in Dispute Appeal No. 686 of 2013 affirming the order dated 04.04.2013 passed by the D.C.L.R., Danapur (Respondent No. 5).

5. Learned counsel for the State raises preliminary objection regarding maintainability of the case to the effect that an alternative remedy is available to the petitioners. He submits that during pendency of the writ petition, Bihar Land Tribunal has become functional and proviso to Section 15 of the Bihar Land Tribunal Act, 2009 which reads as:

"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".

Section 15 of the Act of 2009 stipulates that 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

Patna High Court CWJC No.10670 of 2014(4) dt.11-01-2024 3/3 Act, as could have been within the jurisdiction of such Tribunal, and cases arsing 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.

6. Learned counsel for the petitioners does not dispute the above proposition and requests for disposal of the writ application granting liberty to the petitioners to approach the Bihar Land Tribunal for proper adjudication of the matter.

7. In view of the aforesaid submission, let the petitioners file afresh application before the Bihar Land Tribunal for adjudication of the matter, within a period of four weeks from the date of receipt of this order.

8. It goes without saying that if any question of limitation arises before the competent authority, the same shall be considered taking into consideration the fact that the petitioners were pursuing the issue before this Court under Article 226 of the Constitution of India.

9. Writ petition stands disposed of with the aforesaid directions.

(Prabhat Kumar Singh, J) Navya/- U