Anandi Mandal And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7304 of 2008 ======================================================
1. Baleshwar Prasad @ Baleshwar Prasad Sah, son of Late Bhuneshwar Prasad @ Bhuneshwar Prasad Sah
2. Rajesh Prasad , son of Brajeshwar Prasad, Both residents of Mohadi Nagar, P.S. Mojahidpur, DistrictBhagalpur .... .... Petitioners
Versus
1. The State of Bihar
2. The District Magistrate-cum- Collector, Bhagalpur
3. The Addl. Collector, Bhagalpur
4. The Sub Divisional Officer, Sadar, Bhagalpur
5. The Circle Officer, Goradih/Sabour, Bhagalpur
6. The Circle Officer, Bihpur, Naugachia
7. The Circle Officer, Narayanpur, Naugachia
8. Sudama Devi, wife of Late Bishwanath Kumar
9. Yogendra Kuwar, son of Late Ram Khelawan Kuwar, Both residents of village- Sonbarsa, P.S. Bihpur, DistrictBhagalpur .... .... Respondents ====================================================== With Civil Writ Jurisdiction Case No.7379 of 2008 ======================================================
1. Anandi Mandal , son of Late Moti Mandal
2. Gautam Prasad Singh, son of Raj Narayan Singh, both residents of village-Barhari, P.S. Jagdishpur, District-Bhagalpur
3. Shyam Tanti, son of Laxaman Tanti
4. Sudama Devi, wife of Janak Sah, Both residents of village- Birnaudh, P.S. Sabour in the district of Bhagalpur
5. Ram Prasad Sah, son of Late Hari Sah, resident of village- Habibpur, P.S. Habibpur, District- Bhagalpur
6. (i) Tilakdhari Mandal (ii) Ramanand Singh, both sons of Late Bisheshwar Mandal, resident of village- Barhari ( Birnaudh, P.S. Goradih Jagdishpur, District- Bhagalpur .... .... Petitioner/s
Versus
1. The State of Bihar
2. The District Magistrate-cum- Collector, Bhagalpur
3. The Addl. Collector, Bhagalpur
4. The Sub Divisional Officer, Sadar, Bhagalpur
5. The Circle Officer, Goradih/Sabour, Bhagalpur
6. The Circle Officer, Bihpur, Naugachia
7. The Circle Officer, Narayanpur, Naugachia
8. Sudama Devi, wife of Late Bishwanath Kumar
9. Anandi Kumar, son of Late Late Chanchal Kumar, Both residents of village- Sonbarsa, P.S. Bihpur, DistrictBhagalpur
10. Kailash Bihari Roy, son of Late Daroga Roy, resident of village-
Patna High Court CWJC No.7304 of 2008 (15) dt.31-03-2015 2/2 Narkatia, P.S. Bihpur, District- Bhagalpur .... .... Respondents ====================================================== Appearance :
(In CWJC No.7304 of 2008) For the Petitioner/s : Mr. Gopal Prasad Roy For the Respondent/s :
(In CWJC No.7379 of 2008) For the Petitioner/s : Mr. Gopal Prasad Roy For the Respondent/s :
====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................
31-03-2015 Heard learned counsel for the petitioners , learned State Counsel as well as Sri Rajesh Mohan, learned counsel, who has appeared on behalf of private Respondent in C.W.J.C.No.7304 of 2008.
Since the dispute in the writ petitions relates to an order passed under Section 45(B) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, the Court is of the opinion that this matter can well be adjudicated by the Bihar Land Tribunal constituted under the provisions of Bihar Land Tribunal Act, 2009.
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