Disposed

Kumari Nilam Sinha v. the State of Bihar and Ors.

Patna HC2 Dec 2021CWJC/12507/2001

Case brief

AI extract

What is this about?

This Court held that a writ application regarding a revision order under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act is suitable for adjudication by the Bihar Land Tribunal. The record was directed to be transmitted to the Tribunal forthwith.

What did the court decide?

The Registry is directed to transmit the record of the case to the Bihar Land Tribunal.

Kumari Nilam Sinha Vs the State of Bihar and Ors. — Land Acquisition | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12507 of 2001

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Kumari Nilam Sinha

... ... Petitioner/s

Versus

The State Of Bihar And Ors ... ... Respondent/s ====================================================== Appearance : For the Petitioner : Mr.Manoj Kumar 1, Advocate For Respondent No.3 : Mr.Ajit Kumar No.1, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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5 02-12-2021

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Heard Mr. Sri Nandan Pd. Singh, learned senior

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counsel for the petitioner and Mr. Ajit Kumar, learned counsel for the respondent no.3.

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The writ application has been filed for quashing of order dated 25.08.2001 passed by the Collector, Vaishali in Revision Case No. 85 of 1996 under Section 32 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, which is a schedule Act, under Section 9 of the Bihar Land Tribunal Act, 2009. This Court is of the opinion that this matter can well be adjudicated by the Tribunal.

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Accordingly, in view of proviso to Section 15 of the Bihar Land Tribunal Act, 2009, the Registry is directed to transmit the record of this case to the Tribunal forthwith.

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However, considering the fact that the case was pending before this Court since long, it is expected that the

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Patna High Court CWJC No.12507 of 2001(5) dt.02-12-2021 2/2

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Tribunal will hear and dispose of the case within a period of nine months from the date of receipt of record of this case after giving proper notice to all the parties concerned, including the petitioner.

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Mr. Sri Nandan Pd. Singh, learned senior counsel for the petitioner submits that there are a large number of the cases under the provisions of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, which is a schedule Act which are pending in this Court and now in view of Section 15 of the Bihar Land Tribunal Act, they can be transmitted to the Bihar Land Tribunal.

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Office is directed to make a list of all the records of such cases.

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In view of the proviso to Section 15 of the Bihar Land Tribunal Act, 2009, place it before the appropriate Bench after obtaining necessary orders of the Hon’ble the Chief Justice so that all these matters be transferred to the Bihar Land Tribunal.

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(Sandeep Kumar, J)

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BT/-

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Kumari Nilam Sinha v. the State of Bihar and Ors.

Case brief

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Kumari Nilam Sinha v. the State of Bihar and Ors.

Case brief

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