Disposed

Shiva Prasad Singh and Ors. v. the State of Bihar and Ors.

Patna HC4 Oct 2023CWJC/19345/2010

Case brief

AI extract

What is this about?

In two linked writ petitions challenging consolidation revision and appeal orders, the Patna High Court, noting the Bihar Land Tribunal's jurisdiction over such matters under the 2009 Act, disposed of the petitions by directing petitioners to approach the Tribunal within four weeks.

What did the court decide?

Petitioners directed to approach Bihar Land Tribunal forthwith for proper adjudication; liberty granted to file fresh applications.

Shiva Prasad Singh and Ors. Vs the State of Bihar and Ors. — Land Acquisition | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19345 of 2010

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======================================================

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SHIVA PRASAD SINGH S/O Late Ram Bilash Singh R/O Vill.- Indore, P.S.- Dinara, Distt.- Rohtas

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Haridwar Singh S/O Late Ram Bilash Singh R/O Vill.- Indore, P.S.- Dinara, Distt.- Rohtas

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Rampuli Singh S/O Late Ram Bilash Singh R/O Vill.- Indore, P.S.- Dinara, Distt.- Rohtas

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Randhir Singh S/O Late Ram Bialsh Singh R/O Vill.- Indore, P.S.- Dinara, Distt.- Rohtas

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Shivashankar Singh S/O Late Ram Bialsh Singh R/O Vill.- Indore, P.S.Dinara, Distt.- Rohtas

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Chandrahash Singh S/O Late Ram Kuer Singh R/O Vill.- Indore, P.S.Dinara, Distt.- Rohtas

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Julumdhari Singh S/O Late Sadhu Charan Singh R/O Vill.- Indore, P.S.Dinara, Distt.- Rohtas

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Ram Sakal Singh S/O Late Sadhu Charan Singh R/O Vill.- Indore, P.S.Dinara, Distt.- Rohtas

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Krishna Kumar Singh S/O Late Sadhu Charan Singh R/O Vill.- Indore, P.S.Dinara, Distt.- Rohtas

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Surendra Kumar Singh S/O Lare Sadhu Charan Singh R/O Vill.- Indore, P.S.- Dinara, Distt.- Rohtas

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Narendra Singh S/O Late Sadhu Charan Singh R/O Vill.- Indore, P.S.Dinara, Distt.- Rohtas ... ... Petitioner/s

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Versus

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THE STATE OF BIHAR 2. Joint Director Consolidation Head Quarter, Bihar, Patna 3. Deputy Director Consolidation Rohtas At Sasaram 4. Consolidation Officer, Dinaran, Rohtas ... ... Respondent/s

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======================================================

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with Civil Writ Jurisdiction Case No. 18767 of 2014

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======================================================

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1. SHIVA PRASAD SINGH 2. Haridwar Singh 3. Rampuli Singh 4. Randhir Singh 5. Shivshankar Singh , All sons of late Ram Bilash Singh 6. Shashi Mohan Singh

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Patna High Court CWJC No.19345 of 2010(5) dt.04-10-2023 2/4

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Bishwamohan Singh @ Braj Mohan Singh, sons of Chandrahas Singh 8. Julumdhari Singh 9. Ram Sakal Singh 10. Krishna Kumar Singh 11. Surendra Singh @ Surendra Kumar Singh 12. Narendra Singh son of Late Sadhu Charan Singh All R/o Village Indore, P.S. Dinara, District- Rohtas ... ... Petitioner/s

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Versus

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THE STATE OF BIHAR 2. Joint Director Consolidation, Head Quarter, Bihar, Patna 3. Deputy Director Consolidation, Rohtas at Sasaram 4. Consolidation Officer, Dinara, Rohtas ... ... Respondent/s

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====================================================== Appearance : (In Civil Writ Jurisdiction Case No. 19345 of 2010) For the Petitioner/s : Mr.Rewti Kant Raman, Advocate For the Respondent/s : Mr.Gp9 (In Civil Writ Jurisdiction Case No. 18767 of 2014) For the Petitioner/s : Mr.Rewti Kant Raman, Advocate For the Respondent/s : Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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5 04-10-2023 Heard learned counsel for the petitioners and the State.

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Present writ petitions have been filed for setting

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aside order dated 12.1.2009, passed by respondent no.2 in Consolidation Revision No. 26 of 2002 and Consolidation Revision No. 27 of 2002, respectively, order dated 16.2.2002, passed by Assistant Director, Consolidation, Rohtas at Sasaram in Consolidation appeal no. 70 of 93-94 and Consolidation appeal no. 71 of 1993-94 respectively.

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Patna High Court CWJC No.19345 of 2010(5) dt.04-10-2023 3/4

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Learned counsel appearing for the State submits that during pendency of the writ petitions, Bihar Land Tribunal has become functional and proviso to Section 15 of the Bihar Land Tribunal Act, 2009 which reads as “Provided further that it shall be open to the High Court of Judicature at Patna to remit the dispute pending adjudication in any writ proceeding before it for adjudication by the Tribunal” . Section 15 of the Act of 2009 stipulates that all cases connected with the Acts/Manuals dealt with under Section 9 of this Act and pending in the High Court of Judicature at Patna, but excluding writ petitions filed under Articles 226 and 227 of the Constitution of India and cases pending with the State Government, immediately before the commencement of this Act, as could have been within the jurisdiction of such Tribunal, and cases arsing after the commencement of this Act, as would have been within the jurisdiction of such Tribunal, shall stand transferred to the Tribunal with effect from the said date of commencement. Learned counsel submits that liberty may be given to the petitioner to approach the Bihar Land Tribunal for proper adjudication of the matter.

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In view of the aforesaid submission, let the petitioners file afresh application before the Bihar Land Tribunal

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Patna High Court CWJC No.19345 of 2010(5) dt.04-10-2023 4/4

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for adjudication of the matter, within a period of four weeks

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from the date of receipt of this order.

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Both writ petitions stand disposed of with the

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aforesaid directions.

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(Prabhat Kumar Singh, J)

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Shashi

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Shiva Prasad Singh and Ors. v. the State of Bihar and Ors.

Case brief

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Shiva Prasad Singh and Ors. v. the State of Bihar and Ors.

Case brief

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