Haro Mahto Vs The State Of Bihar and Ors. — Writ and Judicial Review | Patna HC (2024)

Haro Mahto Vs The State Of Bihar and Ors. — Writ and Judicial Review | Patna HC (2024)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions that the petitioner file an afresh application before the Bihar Land Tribunal within four weeks; any limitation question to be considered taking into account the petitioner's pursuit of the matter under Article 226 of the Constitution of India.

Issue for consideration

Whether the writ application is maintainable in view of the alternative remedy now available before the Bihar Land Tribunal, and whether the dispute should be remitted to that Tribunal under the proviso to Section 15 of the Bihar Land Tribunal Act, 2009.

Ratio / Principle

In view of the submissions, the petitioner is directed to file an afresh application before the Bihar Land Tribunal for adjudication of the matter, within four weeks from the date of receipt of the order.

Key takeaways

If any question of limitation arises before the competent authority, it shall be considered taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India.ratio¶30

Detailed headnote1 paragraphs

Haro Mahto of Vill. Aijhi, P.S. Korma, District Sheikhpura, filed Civil Writ Jurisdiction Case No. 7103 of 2016 before the Patna High Court (Prabhat Kumar Singh, J.; oral order dated 12-01-2024) seeking quashing of (i) the order dated 20.10.2015 passed by the L.R.D.C., Sheikhpura in Mutation Appeal Case No. 9 of 2014-15 (Annexure-4) and (ii) the order dated 15.01.2016 passed by the Collector, Sheikhpura in Mutation Revision Case No. 3 of 2015 (Annexure-5). The State raised a preliminary objection on maintainability, pointing to an alternative remedy: the Bihar Land Tribunal had become functional during the pendency of the writ petition, and the proviso to Section 15 of the Bihar Land Tribunal Act, 2009 provides that it shall be open to the High Court of Judicature at Patna to remit disputes pending adjudication in any writ proceeding for adjudication by the Tribunal; Section 15 further transfers to the Tribunal cases connected with the Acts/Manuals dealt with under Section 9 of that Act, while excluding writ petitions filed under Articles 226 and 227 of the Constitution of India. Learned counsel for the petitioner did not dispute the proposition and requested disposal granting liberty to approach the Tribunal. The Court disposed of the writ petition, directing the petitioner to file an afresh application before the Bihar Land Tribunal within four weeks of receipt of the order, and added that if any question of limitation arises before the competent authority, it shall be considered taking into account the fact that the petitioner was pursuing the issue before the Court under Article 226 of the Constitution of India.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7103 of 2016

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

Haro Mahto S/o - Bardho Mahto R/o Vill - Aijhi, P.S. - Korma, Dist - Sheikhpura.

... ... Petitioner/s

Versus

The State Of Bihar through the Secretary, Home, Govt. of Bihar, Patna

The Principal Secretary, Department of Land Revenue, Govt. of Bihar, Patna.

The Collector, Sheikhpura.

The Sub-Divisional Officer, Sheikhpura.

The Deputy Collector of Land Reforms, Sheikhpura.

The Circle Officer, Ghailardh, Sheikhpura.

Phulwa Devi R/o Vill - Aijhi, P.S. - Korma, Dist - Sheikhpura.

... ... Respondent/s

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

Appearance :

For the Petitioner/s : Mr. Ranjit Jha, Advocate For the Respondent/s : Dr. Anand Kumar, AC to AAG 3 ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 12-01-2024 Heard learned counsel for the parties.

This writ application has been filed for quashing

order dated 15.01.2016 passed by the Collector, Sheikhpura (Respondent No. 3) in Mutation Revision Case No. 3 of 2015 (Annexure-5) and order dated 20.10.2015 passed by the L.R.D.C., Sheikhpura (Respondent No. 5) in Mutation Appeal Case No. 9 of 2014-15 (Annexure-4).

Learned counsel for the State raises preliminary objection regarding maintainability of the case to the effect that an alternative remedy is available to the petitioner. He submits

Patna High Court CWJC No.7103 of 2016(3) dt.12-01-2024 2/3

that during pendency of the writ petition, 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 for the petitioner does not dispute the above proposition and requests for disposal of the writ application granting liberty to the petitioner to approach the Bihar Land Tribunal for proper adjudication of the matter.

In view of the aforesaid submission, let the

Patna High Court CWJC No.7103 of 2016(3) dt.12-01-2024 3/3

petitioner file afresh application before the Bihar Land Tribunal for adjudication of the matter, within a period of four weeks from the date of receipt of this order.

It goes without saying that if any question of limitation arises before the competent authority, the same shall be considered taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India.

Writ petition stands disposed of with the aforesaid

directions.

(Prabhat Kumar Singh, J)

Navya/-

U