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Patna High CourtCWJC/17005/2008disposal bcz file shifted to tribunal

Indra Mohan Rai v. The State Of Bihar And ORS

2015-04-06Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 17005 of 2008 ================================================== Indra Mohan Rai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Verma, Sr.Adv. Mr. Rajneesh For the Respondent/s : AC to SC-29 ================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 7.

06-04-2015 Heard Sri Rajeev Verma, learned senior counsel, who was assisted by Sri Rajneesh, learned counsel for the petitioner and learned A.C. to Standing Counsel - 29. Keeping in view the fact in the present writ petition, dispute is under the provision of Bihar Tenancy Act, 1885, which is a scheduled Act as per Section 9 of the Bihar Land Tribunal Act, 2009, the Court considers that this dispute can well be adjudicated by the Tribunal. Accordingly, in view of proviso to Section 15 of Bihar Land Tribunal Act, 2009, the Registry is directed to transmit the record of this case to the Tribunal forthwith. It is made clear that earlier the writ petition stood dismissed due to non-prosecution and subsequently,

Patna High Court CWJC No.17005 of 2008 (7) dt.06-04-2015 2/2 it was restored, however; while restoring, notice was not issued to respondent no. 4 to 6.

(Rakesh Kumar, J.) Anay/- U