This order directs that the writ petition regarding a dispute under the Bihar Land Reforms Act be referred to the functioning Bihar Land Tribunal. The case record is officially transmitted to the Tribunal pursuant to Section 15.
The case record is transmitted to the Bihar Land Tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10614 of 2009
====================================================== Kiran Devi & Ors .... .... Petitioner/s Versus The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar Arun Mr. Dhirendra Kr.Trivedi For the Respondent/s : Mr. AC to GP-2 Mr. Arun Prasad Ambastha Mr. Ravindra Kumar Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
9 07-07-2015 At the very out set, Sri Arun Kumar Arun, learned counsel for the petitioners, in presence of learned AC to GP-2 as well as learned counsel for the private Respondents, submits that present writ petition pertains to dispute under the provisions of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, which is a scheduled Act under the Bihar Land Tribunal Act, 2009.
Since, the Bihar Land Tribunal is already functioning, the Court considers that this matter can well be adjudicated by the Bihar Land Tribunal.
Accordingly, in view of submission made by learned counsel for the petitioners as well as in terms of proviso to Section 15 of the Bihar Land Tribunal Act, the Registry is directed to
Patna High Court CWJC No.10614 of 2009 (9) dt.07-07-2015
2
transmit the record of the case to the Bihar Land Tribunal
forthwith.
Learned counsel for the petitioners makes a prayer for granting liberty to file rejoinder to the counter affidavit. It may be filed before the Tribunal.
(Rakesh Kumar, J)
NKS/-
U
1 issue framed by the court
Whether the High Court should adjudicate the disputed matter under the Bihar Land Reforms Act or refer it to the Bihar Land Tribunal.
2 provisions across 2 enactments
Kiran Devi & Ors
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
