Most. Kishori Devi And Ors vs The State Of Bihar And Ors
2021 Latest Caselaw 5534 Patna

              IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No.6474 of 2002
======================================================

1 (i) Most. Kishori Devi, W/o Late Sitaram Prasad Sahu

(ii) Arbind Kumar, S/o Late Sitaram Prasad Sahu

(iii) Basanti Kumari, D/o Late Sitaram Prasad Sahu All resident of Village- Sonbarsa, Police Station- Laukahi Sub Division- Phulparas, District- Madhubani

... ... Petitioners Versus

1. The State of Bihar.

2. Collector, Madhubani

3. D.C.L.R. -cum-Bataidari magistrate, Jhanjharpur, District- Madhubani

4. Jevachiram son of Late Khisilal Ram Resident of Village- Sonbarsa, P.S. Laukahi, Sub Division- Phulparsa, District- Madhubani.

... ... Respondents ====================================================== Appearance :

For the Petitioners : Mr. Khurshid Ahmad Siddiqui, Advocate For the Respondent/s: None ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 25-11-2021

The present writ petition has been filed "for quashing the

order dated 02.02.2002 passed by respondent-Collector in Bataidari

Case No. 92/96-97, whereby the respondent Collector purported to

set aside the order dated 04.09.1992 passed by D.C.L.R., respondent

no. 3 and remanded the case for fresh disposal in accordance with

law as well as for restraining the respondent D.C.L.R. from proceeding

any further in pursuance to order dated 02.02.2002 passed by

Collector, Madhubani, respondent no. 2.

3. At the outset itself, reference may be made to Section

9 of Bihar Land Tribunal Act, 2009 which provides that the Patna High Court CWJC No.6474 of 2002 dt.25-11-2021

Tribunal shall have the power to entertain any application against

the final order passed by the appropriate authorities under various

enactments, inter alia, including the Bihar Tenancy Act, 1885. As

such, the issues arising out of the impugned order can well be

adjudicated by the Tribunal.

4. Learned counsel for the petitioners does not dispute

the above proposition and has no objection in this regard.

5. The Registry is accordingly directed to transmit the

records of this case to the Tribunal forthwith, in view of the

proviso to Section 15 of the Bihar Land Tribunal Act, 2009.

6. It is expected that the Tribunal, having regard to the

long period during which the case has remained pending, shall

take steps for its expeditious disposal, preferably within a period

of one year.

(Vikash Jain, J) Ibrar//-

AFR/NAFR              NAFR
CAV DATE              N.A.
Uploading Date        29.11.2021
Transmission Date     N.A.