Writ petitions contesting revenue orders by the Circle Officer and SDO over land matters were disposed of on maintainability grounds. With petitioners' consent, the court directed them to file afresh before the Bihar Land Tribunal within four weeks, with limitation to consider their prior Article 226 pursuit.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2914 of 2010
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... ... Petitioner/s
Versus
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with Civil Writ Jurisdiction Case No. 2624 of 2010
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... ... Petitioner/s Versus
Patna High Court CWJC No.2914 of 2010(10) dt.08-01-2024 2/5
... ... Respondent/s
====================================================== Appearance : (In Civil Writ Jurisdiction Case No. 2914 of 2010) For the Petitioner/s : Mr. Jitendra Kishore Verma, Advocate Ms. Sweta Raj, Advocate For the Respondent/s : Mr. Sc20 Mr. Ranjan Kumar Jha, Advocate Mr. Subhash Kumar Jha, Advocate (In Civil Writ Jurisdiction Case No. 2624 of 2010) For the Petitioner/s : Mr. Jitendra Kishore Verma, Advocate Ms. Sweta Raj, Advocate For the Respondent/s : Mr. Sarvesh Kr. Singh, AAG 13 Mr. Ravi Kumar, AC to AAG 13 Mr. Ranjan Kumar Jha, Advocate Mr. Subhash Kumar Jha, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
10 08-01-2024
I. A. No. 01 of 2023
This interlocutory application i.e., I.A. No. 1 of 2023
has been filed for substituting the name of Praduman Sharma, who is the only son of Late Harihar Sharma, who died during pendency of this case, as Petitioner No. 1 in both the aforementioned writ petitions.
Patna High Court CWJC No.2914 of 2010(10) dt.08-01-2024 3/5
CWJC No. 2914 of 2010 & CWJC No. 2624 of 2010
“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
Patna High Court CWJC No.2914 of 2010(10) dt.08-01-2024 4/5
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.
Patna High Court CWJC No.2914 of 2010(10) dt.08-01-2024 5/5
observations.
(Prabhat Kumar Singh, J)
Navya/-
U
1 issue framed by the court
Whether the writ petitions challenging Circle Officer and SDO orders should be remitted to the Bihar Land Tribunal given the alternative remedy under Section 15 of the Bihar Land Tribunal Act, 2009.
2 provisions across 2 enactments
Harihar Sharma
Sita Ram Sharma
Parmanand Sharma
Anil Kumar Sharma
The State of Bihar
Sakal Sharma
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
