Baidyanath Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16204 of 2008 ====================================================== Baidyanath Rai, son of Late Gonour Rai, resident of village- Sibraha Chaturbhuj, P.S. Ahiyapur, District- Muzaffarpur .... .... Petitioner

Versus

1. The State of Bihar

2. The Joint Director, Consolidation, Muzaffarpur

3. The Deputy Director, Consolidation, Muzaffarpur

4. The Consolidation Officer, Bochoha, District- Muzaffarpur

5. Krishna Kumar Khatri, son of Late Narain Khatri

6. Benu Rani

7. Renu Rani, both daughters of Krishna Kumar Khatri 5 to 7 all resident of village- Kanhauli Gaushala Road, P.O. Ramna, P.S. Mithanpura, District- Muzaffarpur .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar Mr. Manish Kumar 3 For the Respondent/s : Mr. AC to GP-12 Mr. Mohan Jee ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................

10-03-2015 Heard learned counsel for the petitioner and learned AC to GP-12.

In the present writ petition, an order passed under Section-35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 by the Joint Director, Consolidation is under challenge.

The Court is of the opinion that this matter can well be adjudicated by the Bihar Land Tribunal, constituted under the Bihar Land Tribunal Act, 2009.

Patna High Court CWJC No.16204 of 2008 (4) dt.10-03-2015 2/2 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