Patna High Court - Orders
Rajendra Prasad Gupta vs The State Of Bihar And Ors on 24 February, 2023
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11218 of 2010
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RAJENDRA PRASAD GUPTA S/O Late Ram Niranjan Sah Permanent R/O
Vill.- Nahari, P.O. and P.S.- Laukaha, Distt.- Madhubani At Present Residing
At 7/16 Orphanganj Market, Khidirpur P.S. Khidirpur, Kolkata 700023
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. The Secretary Cum Commissioner, Revenue Department, Govt. Of Bihar,
Patna 1
3. The Collector, Distt.- Madhubani
4. The Deputy Collector, Land Reforms, Phulparas, Distt.- Madhubani
5. The Sub Divisional Officer, Jhanjharpur, Distt.- Madhubani
6. The Sub Divisional Officer, Phulparas, Distt.- Madhubani
7. The Circle Officer, Khutauna, Circle Khutauna, Distt.- Madhubani
8. Bataidari Magistrate, Jhanjharpur, Distt.- Madhubani
9. Bhola Ram S/O Late Ramdhari Ram R/O Vill.- Nahari, P.O. and P.S.-
Laukaha, Distt.- Madhubani
10. Badri Sahu S/o Jai Narain Sahu village Rahimganj, P.S. Sonepur, Dist.
Chhapra
11. Kishunwati Devi wife of Jai Narain Sahu, village Rahimganj, P.S. Sonepur,
Dist. Chhapra
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Vivekanand Vivek, Adv.
For the Respondent/s : Mr. Jay Prakash Sharma, AC to GP 21
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
7 24-02-2023Heard learned counsel for the parties.
The petitioner has filed the instant writ application for the following relief(s):-
"i. For issuance of an appropriate Writ/Writs/Order/orders/direction/directions to Cancel the purcha issued under Section 48-E of Bihar Tenancy Act bearing Babaidari Case No. 61/87-88/112/92 vide Patna High Court CWJC No.11218 of 2010(7) dt.24-02-2023 2/5 Memo No.399 dated 23/3/92 Bhola Ram Versus Badri Sahu and Kishunwati Devi in respect at to the land situated at Mouza Nahari Khata No.113 Khesra No. 176 Area 5 Katha 5 dhur Khesra No. 181 Area 8 Katha 14 dhur Khesra No.173 area 4 Katha 2 dhur Total Area 18 Katha 1 dhar but the area involved in purcha is 16 Katha 5 dhur out of above three plots contained in Annexure 2 as well as Consequential order of mutation dated 19/7/2004 passed by the Circle officer, Khatauna District Madhubani.
ii. For issuance of an appropriate Writ/Writs/ Order/Crders/direction/directions for declaration that the land involved in Khata No. 113, Kherra No. 176,181 and 173 are not the land of those landlord who has participa -ted in the alleged bataidari proceedings at the instance of the Respondent No. 9. iii. For issuance of an appropriate Writ/Writs/ Order/Orders/direction/directions to exclude the total area of 16 Katha 5 dhurs land declared from Khesra No. 176, 181 and 173 in Mouza Nahari which are the property of the petitioner and is in peacefull physical possession as well as to issue rent receipt by the C.O as if these lands are not bataidari land.
iv) For issuance of any appropriate Writ/Writs/ Order/Orders/direction/directions to which the petitioner is entitled in accordance with law."
It is submitted by learned counsel appearing for the respondents that the petitioner has an alternate and efficacious remedy of pursuing his case before the tribunal constituted under the Bihar Land Tribunal Act, 2009 ('the Act' in short) Patna High Court CWJC No.11218 of 2010(7) dt.24-02-2023 3/5 Sections 9 and 15 of the Act are quoted herein below for ready reference.
"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) The Bihar Tenants' Holdings (Maintenance of Records) Act, 1973
(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 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 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.
Patna High Court CWJC No.11218 of 2010(7) dt.24-02-2023 4/5 (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."
Having heard the parties and taking into consideration the relevant provisions of the Act, especially section 9 and proviso to section 15 of the Act, the instant application is remitted to the learned tribunal constituted under the Act for adjudication in accordance with law.
Before the records are sent, the office of this Court will retain a complete photocopy of the order sheet as also a complete copy of the petition along with all annexures etc.. Thereafter, the original records will be transferred to the tribunal constituted under the Act.
The parties who have appeared in the writ application Patna High Court CWJC No.11218 of 2010(7) dt.24-02-2023 5/5 shall appear before the tribunal within a period of four weeks. With respect to those who have not appeared, the tribunal shall notify the date and place of hearing as provided under Rule 12 of the Bihar Land Tribunal Rules 2010 and thereafter proceed to decide the case in accordance with law.
It is clarified that the interim order/protection, if any, granted to the petitioner in the instant application shall continue till the first date of hearing in the tribunal.
The writ application stands disposed of.
(Partha Sarthy, J) Saurabh/-
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