Sudama Devi And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13557 of 2018 ====================================================== 1.

Sudama Devi, Wife of Rajdeo Rai, D/o Late Doman Rai, resident of VillageHathsarganj, P.O. Hajipur, P.S. Hajipur, Town and District- Vaishali. 2.

Bedmisha Devi @ Phulwa Devi, D/o Late Doman Rai, Wife of Ram Chandra Rai, Resident of Village Mainamadan P.O. Maina Milk, P.S. Kathara O.P., District- Vaishali.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Belwa Devi, Wife of Late Ram Sagar Rai.

3.

Jagarnath Rai, 4.

Raghunath Rai, 5.

Shivnath Rai. All are Sons of Kishun Rai.

6.

Ramanand Rai, Son of Late Bhadai Rai.

7.

Ramdharam Rai, 8.

Ram Bali Rai, 9.

Ram Nagina Rai.

10.

Ram Pukar Rai. All Sons of Late Tokdar Rai. All are residents of Village Sindhari, Basudeopur @ Chhapputa, P.O. Rajauli, P.S. Hajipur Town, District- Vaishali.

11.

Premsheela Devi, D/o Late Ram Sagar Rai, wife of Lagandeo Rai, Resident of Village- Barati, P.O.- Barati, P.S. Rajapakar, District- Vaishali. 12.

Dharamsheela Devi, W/o Late Ram Sagar Rai, Wife of Vakil Rai, Resident of Village Bhanborha, P.O. P.S.- Mahua, District- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratan Kumar Sinha, Advocate For the Respondent/s :

Mr. Dhurjati Kumar Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 21-09-2023 The present matter has been listed upon urgent mentioning of learned counsel for the petitioners.

2. Heard learned counsel for the petitioners and learned counsel for the State.

Patna High Court CWJC No.13557 of 2018 dt.21-09-2023 2/2

3. Learned counsel for the petitioners prays that the matter may be referred to the Bihar Land Tribunal.

4. Since the present matter relates to the provisions of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, which is a scheduled Act, under Section 9 of the Bihar Land Tribunal Act, 2009 (Bihar Act 9 of 2009), this Court is of the opinion that the matter can well be adjudicated by the Tribunal.

5. Accordingly, in view of the proviso to Section 15 of the Bihar Land Tribunal Act, 2009 (Bihar Act 9 of 2009), the Registry is directed to transmit the record of this case to the Tribunal forthwith.

6. It is expected that the Tribunal will hear and dispose of the case within a period of nine months from the date of receipt of the record of this case after sending and service of notices to all the parties concerned, including the petitioners.

7. The writ petition is accordingly, disposed of. (Dr. Anshuman, J) Ashwini/- AFR/NAFR CAV DATE NA Uploading Date 26/09/2023 Transmission Date NA