Patna High Court - Orders
Binod Prasad Das And Ors 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.10053 of 2003
======================================================
1. Binod Prasad Das
2. Yubraj Kumar Das
3. Sanjay Kumar Das, all sons of Sita Ram Das, All residents of village
Babiya, P.S.- Dandkhora, District - Katihar.
... ... Petitioners
Versus
1. The State Of Bihar
2. The Collector, Katihar.
3. Deputy Collector land Reforms, Katihar, District- katihar.
4. Birbal Das.
5. Musai Das.
6. Ram Chandra Das, all sons of Late Hari Mohan Das, all residents of
Babiya, P.S.- Dandkhora, District- Katihar.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Sahay, Advocate
Mr. Parmeshwar Prasad, Advocate
Mr. Rajesh Kumar Pandey, Advocate
Mr. Manoj Kumar Sinha, Advocate
For the Respondent/s : Mr. GP-2
Mr. A.C. Nirankar, Advocate
Mr. Madhu Prasad, Advocate
Mr. Papiya Chakravarty, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
7 24-02-2023Heard learned counsel for the parties.
The petitioners have filed the instant writ application for the following relief(s):-
"That this writ application is being filed for issuance of an appropriate writ /writs,order or direction in the nature of writ of certiorari for quashing the order dated 25.06.2003 passed by learned Collector, Katihar (Respondent no.2) in Bataidari Appeal No. 688 of 1999-2000 whereby and whereunder he has dismissed the appeal filed by the petitioners against the order dated 20.11.99 passed by Deputy Collector Land Reforms, Katihar in Batai dari Case No. 62/97-98 u/s Patna High Court CWJC No.10053 of 2003(7) dt.24-02-2023 2/4 48 (E) of the Bihar Tenancy Act (hereinafter referred to as 'B.T.Act') declaring respondent nos. 4 to 6 as Bataidar in respect of the land in dispute without giving finding regarding prima facie case u/s 48 (E) B.T. Act."
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) 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 Patna High Court CWJC No.10053 of 2003(7) dt.24-02-2023 3/4
(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.
(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 Patna High Court CWJC No.10053 of 2003(7) dt.24-02-2023 4/4 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 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 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) Shiv/-
U