Disposed

Hemant Kumar Singh @ Hemant Kumar Sinha v. The State Of Bihar and Ors.

Patna HC19 Sept 2013CWJC/115/2013

Case brief

AI extract

What is this about?

Oral order dismissing a writ petition on the ground that the issue falls within the jurisdiction of the Bihar Land Tribunal, since Section 9 of the Act governs the applicable remedy. Petitioner allowed liberty to approach the Tribunal with condonation of delay.

What did the court decide?

Disposed with liberty to file application before Bihar Land Tribunal within four weeks with condonation of delay.

Hemant Kumar Singh @ Hemant Kumar Sinha Vs The State Of Bihar and Ors. — Patna HC (2013) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.115 of 2013

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====================================================== Hemant Kumar Singh @ Hemant Kumar Sinha S/O Shri Narendra Kumar Singh Originally R/O Village- Kapsouna, Police Station- Sabour, DistrictBhagalpur And At Present R/O Village- Brahmagayani, Police StationBhawanipur, District- Purnia .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Collector, Purnia 3. The Deputy Collector Land Reforms At Dhamdaha Within The District Of Purnia 4. The Anchal Adhikari At Bhawanipur Within The District Of Purnia 5. Shri Dulli Mandal S/O Late Bigan Mandal R/O Village- Brahmagayani, Police Station- Bhawanipur, District- Purnia .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Prasad Ambastha Mr. Ravindra Kr. Choudhary For the State : Mr. Shashi Bhushan Kr., SC 7 & Mr. Kumar Pankaj, AC to SC 7 For Resp. No.5. : Mr. Yogendra Kumar Dr. M.K.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER

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6 19-09-2013 It is pointed out by learned counsel for the State that the issue in the present writ application is within the jurisdiction of the Bihar Land Tribunal which has been constituted under the Bihar Land Tribunal Act, 2009.

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Learned counsel for the petitioner does not dispute the said fact in view of the provisions of Section 9 of the Act. He however, submits that the petitioner had approached this Court under the impression that the Land Tribunal was not yet functional.

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In the aforesaid circumstances, the writ application is disposed of with liberty to the petitioner to file an application

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Patna High Court CWJC No.115 of 2013 (6) dt.19-09-2013

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S.Pandey/-

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before the Bihar Land Tribunal.

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In case any such application is filed before the Land Tribunal within a period of four weeks from today along with an application for condonation of delay in filing the same, then the same shall be considered by the Tribunal keeping in view the fact that the petitioner had been pursuing his remedy before this Court.

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(Ramesh Kumar Datta, J)

Hemant Kumar Singh @ Hemant Kumar Sinha v. The State Of Bihar and Ors.

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Hemant Kumar Singh @ Hemant Kumar Sinha v. The State Of Bihar and Ors.

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