This writ petition under Section 15 proviso of the Bihar Land Tribunal Act concerned a dispute under the Bihar Consolidation of Holdings Act. The High Court held that the Tribunal is the appropriate forum to adjudicate the matter.
The Registry is directed to transmit the record of the case to the Land Tribunal forthwith.
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.6386 of 2008
| ====================================================== Munna Ram & Ors .... .... Petitioner/s Versus The State of Bihar & Ors .... .... Respondent/s ====================================================== |
|---|
Appearance : For the Petitioner/s : Mr. Kamla Prasad Roy, Advocate For the Respondent/s : AC to AAG No. 6 Mr. Ram Chandra Singh, Advocate ====================================================== |
CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER |
| 9 23-03-2015 Heard Sri Kamla Prasad Roy, learned counsel for the petitioners, learned AC to AAG No. 6 as well as Sri Ram Chandra Singh, learned counsel who has appeared on behalf of private respondents. |
The present writ petition pertains to a dispute under the provisions of Bihar Consolidation of Holdings And Prevention of Fragmentation Act, 1956, which is a Schedule Act under Section 9 of the Bihar Land Tribunal Act.
The court is of the opinion that this dispute can well be adjudicated by the Tribunal.
Accordingly, in view of proviso to Section 15 of the Bihar Land Tribunal Act, the Registry is directed to transmit the record of this case to the Tribunal forthwith.
(Rakesh Kumar, J)
Praful/U
1 issue framed by the court
Whether the dispute concerning consolidation of holdings under Bihar Consolidation of Holdings And Prevention of Fragmentation Act, 1956 is maintainable in the present writ jurisdiction or should be a
2 provisions across 1 enactments
Munna Ram & Ors
The State of Bihar & Ors
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
