Citation : 2021 Latest Caselaw 5538 Patna
Judgement Date : 25 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.910 of 1998
======================================================
1. Prabhu Ram, son of Late Shiv Nandan Ram.
2. Nathuni Ram, son of Late Raghunandan Ram Both are residents of village-Sahmalwa, P.S.-Baruraj, District-Muzaffarpur.
... ... Petitioner/s Versus
1.The State Of Bihar.
2. The Director of Consolidation, Bihar, Patna.
3. The Joint Director of Consolidation, Muzaffarpur.
4. Jokhan Ram.
5. Lakhoo Ram.
6. Ram Lakhan Ram
7. Bhagirath Ram.
8. Jagrup Ram.
S.Nos. 4 to 8 are sons of Late Ram Karan Ram, resident of village- Sahmalwa, P.S.-Baruraj, District-Muzaffarpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghav Prasad, Advocate For the State : Mr. Gyan Shankar, AC to GP-2 For Pvt. Respondents : Mr. Vijay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 25-11-2021 Heard learned counsel for the petitioners and learned
counsel for the respondents.
2. The present writ petition has been filed with a prayer
for quashing the order dated 03.10.1997 passed by the Joint
Director of Consolidation, Muzaffarpur in Revision Case No. 7 of
1996 (Annexure-6).
3. Learned counsel for the respondents, at the outset
itself, invites reference to Section 9 of Bihar Land Tribunal Act,
2009 which provides that the Tribunal shall have the power to
entertain any application against the final order passed by the Patna High Court CWJC No.910 of 1998 dt.25-11-2021
appropriate authorities under various enactments, inter alia,
including the Bihar Consolidation of Holdings and Prevention of
Fragmentation Act, 1956. It is therefore, submitted that 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) V.K.Pandey/-
AFR/NAFR N.A.F.R. CAV DATE N.A. Uploading Date 26.11.2021 Transmission Date N.A.
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