Writ application challenging the Bihar Land Tribunal order on apportionment of joint family property share dismissed. Court held no reason to interfere as Tribunal relied on affirmed civil court decree.
Writ application dismissed with no directions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4929 of 2019
======================================================
... ... Petitioner/s
Versus
Patna High Court CWJC No.4929 of 2019(2) dt.13-03-2019 2/3
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Surya Kant Mishra For the State : Mr. Raj Kishore Roy (GP18) Mr. Mukul Prasad, AC to GP-18 For Respondent no.9 to 15 & 17to 23 : Mr. Anant Kumar B. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
An order of the Bihar Land Tribunal dated
19.07.2018, disposing of two cases, namely, B.L.T. Case No. 936 of 2015 and B.L.T. Case No. 937 of 2015 is under challenge in the present writ application.
Patna High Court CWJC No.4929 of 2019(2) dt.13-03-2019 3/3
Learned Counsel appearing on behalf of the petitioners has assailed the impugned order contending that the share of these petitioners in the joint family property has not been duly apportioned by the Consolidation Authority.
From the impugned order of the Tribunal, I find that the Tribunal took into account the rival claims between the contesting parties, which have been decided in Title Suit No. 46 of 1962, which, subsequently came to be affirmed by the first appellate court and this Court in Second Appeal No. 309 of 1976. The Tribunal has further noted that the order of the Director Consolidation, Bihar, in Consolidation Case No. 1415 of 1989, which was under challenge before the Tribunal, was entirely on the basis of the decree passed by the competent civil court.
There being no dispute in this regard, I do not find any reason to interfere with the order of the Tribunal.
This application is, accordingly, dismissed.
(Chakradhari Sharan Singh, J)
Ashish/-
U
2 issues framed by the court
Whether the High Court should interfere with the order of the Bihar Land Tribunal regarding the apportionment of joint family property shares.
Whether the Tribunal was correct in relying on the decree affirmed by the civil courts in Title Suit No. 46 of 1962.
Mahakant Jha and others
The State of Bihar through the Chief Secretary
The Chairman, Bihar Land Tribunal
The Director Consolidation Headquarter Bihar
The Joint Director Consolidation Muzaffarpur
The Deputy Director Consolidation Samastipur
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
