Patna High Court - Orders
Shanti Sharan Sharma vs The State Of Bihar And Ors on 26 July, 2023
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22019 of 2014
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Shanti Sharan Sharma son of Late Harangi Sharma resident of village- Uttari
Hussaini, P.S.- Dumaria Ghat, District- East Champaran at Motihari.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Divisional Commissioner, Tirhut Division, Muzaffarpur. .
3. The Deputy Collector Land Reforms DCRL, Chakia, District-East
Champaran at Motihari.
4. The Circle Officer, Keshariya, District-East Champaran at Motihari.
5. Sri Indal Sahani son of Late Ramashish Sahani resident of village-Uttari
Hussaini, P.S.- Dumaria Ghat, District-East Champaran at Motihari.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Adv.
For the Respondent/s : Mr. Manoj Kr. Sinha, AC to GA-9
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 26-07-2023Heard learned counsel for the petitioner and learned counsel for the State.
2. The present writ petition has been filed for setting aside the order dated 12.08.2014 / 26.08.2014 passed by respondent No.2 in Bihar Land Dispute Redressal Appeal Case No. 336 of 2012.
3. Counsel for the petitioner fairly submits that the genesis of the case is The Bihar Privileged Persons Homestead Tenancy Act in which Basgit Parcha has been issued but on the other hand, he also submits that there is already title suit against the private respondent.
Patna High Court CWJC No.22019 of 2014(3) dt.26-07-2023 2/4
4. After some argument, learned counsel for the petitioner seeks permission prefer an appropriate application before the Bihar Land Tribunal, in view of the provisions of Sections 9 and 15 of the Bihar Land Tribunal Act, 2009 ( Bihar Act 9 of 2009), which reads as under :-
"9. Powers of the Tribunal. - (1) The Tribunal shall have the power to entertain any application against the final order passed by the Appropriate Authorities under the Acts/ Manuals, mentioned below, within 90 days of such an order provided no other forum of appeal or revision against the order passed is provided in that Act/ Manuals:
(i) The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961
(ii) The Bihar Land Reforms Act, 1950
(iii) The Bihar Tenancy Act, 1885
(iv) The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956
(v) [xxx]
(vi) The Bihar Bhoodan Yagna Act, 1954
(vii) The Bihar Privileged Persons Homestead Tenancy Act, 1947
(viii) The Bihar Government Estates Manual, 1953
(ix) The Bihar Settlement Manual
(x) Bihar Land Disputes Resolution Act, 2009
(xi) Bihar Special Survey and Settlement Act, 2011.
(xii) Bihar Land Mutation Act, 2011 It shall be open to the State Government to add or remove any Law/Manual in or from the list hereinfore mentioned.
(2) In addition, the Tribunal shall decide any case transferred to it by the Government of Bihar or by the Patna High Court CWJC No.22019 of 2014(3) dt.26-07-2023 3/4 Hon'ble High Court of Judicature at Patna with regard to any other revenue or land reforms Law/ Manual for the time being in force. (3) The Tribunal shall have powers vested in the Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908) including the power to recommend to punish for Contempt of Court.
15. Transfer of proceedings pending in Patna High Court/ State Government to the Tribunal. - All cases connected with the Acts/ Manuals dealt with under Section 9 of this Act and pending in the High Court of Judicature at Patna but excluding writ petitions filed under Articles 226 and 227 of the Constitution of India and cases pending with the State Government, immediately before the commencement of this Act, as could have been within the jurisdiction of such Tribunal, and cases arising after the commencement of this Act, as would have been within the jurisdiction of such Tribunal, shall stand transferred to the Tribunal with effect from the said date of commencement:
Provided further that it shall be open to the High Court of Judicature at Patna to remit the dispute pending adjudication in any writ proceeding before it for adjudication by the Tribunal."
5. Since the present writ petition relates to The Bihar Privileged Persons Homestead Tenancy Act, 1947 (Bihar Act IV of 1948) which is a schedule 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
6. Accordingly, in view of proviso to Section 15 of the Bihar Land Tribunal Act, 2009, the Registry is directed to Patna High Court CWJC No.22019 of 2014(3) dt.26-07-2023 4/4 transmit the record of this case to the Tribunal forthwith.
7. However, it is expected that the Tribunal will hear and disposed of the case within a period of eight months from the date of receipt of record of this case after sending and service of notices to all the parties concerned, including the petitioner.
8. With the aforesaid liberty, the present writ application is hereby disposed of.
(Dr. Anshuman, J.) prakashmani/-
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