Patna High CourtCWJC/2774/2009disposal bcz file shifted to tribunal

Shail Bala Sinha And ORS v. The State Of Bihar And ORS

2015-04-20Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2774 of 2009 ======================================================

1. Shail Bala Sinha w/O Late Rajeshwar Pd. Singh

2. Ravi Prakash

3. Ved Prakash

4. Sanjib Kumar, all sons of Late Rajeshwar Prasad Singh, all residents of village- Bhadai, P.S. Hathauri, P.O. Bhadai, Anchal- Aurai, DistrictMuzaffarpur .... .... Petitioner

Versus

1. The State of Bihar

2. The Joint Director, Consolidation, Muzaffarpur

3. The Deputy Director ,Consolidation, Muzaffarpur

4. The Consolidation Officer, Aurai, Muzaffarpur ------------------- Respondents 1st Set

5. Ajay Kumar Thakur

6. Abhay Kumar Thakur, both sons of Late Hari Kishore Thakur, residents of village- Sukhwasi, P.S. Harlakhi, P.O. Damu, DistrictMadhubani ------------------ Respondent 2nd Set

7. Arbind Kumar Thakur

8. Umesh Kumar Thakur, both sons of Late Bashistha Narain Thakur, both residents of village- Sukhwasi, P.S. Harlakhi, P.O. Damu, District- Madhubani ----------------------Respondents 3rd Set. ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Choudhary For the Respondent/s : Mr. AC to AAG-9 Mr. Krishna Kant Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................

20-04-2015 Heard learned counsel for the petitioners, learned AC to AAG-9 as well as Sri Krishna Kant Singh, learned counsel, who appears on behalf of private Respondents.

In the present writ petition, an order passed under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 is under challenge, which is a scheduled Act under Section-9 of the Bihar Land Tribunal Act, 2009.

Patna High Court CWJC No.2774 of 2009 (8) dt.20-04-2015 2/2 The Court considers that this dispute 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