Petitioners challenged BLT and DCLR orders over a title dispute with respondent No. 5. Counsel conceded the title question must be decided by a competent civil court. The court granted liberty to approach the civil court and disposed of the writ petition.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3029 of 2017
======================================================
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Manoj Kumar, Adv. Mr. Devendra Kumar, Adv. For the Respondent/s : Mr. Subhash Chandra Yadav-Gp15 For resp. No. 5 : Mr. Mohan Kr. Sinha, Adv. ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
9 06-05-2025
Heard the parties.
(i) For issuance of writ in the appropriate nature for quashing of the order dated 11.11.2016 passed by the Chairman, Bihar Land Tribunal, Patna in BLT Case No. 1091/2015, whereby and where under the Member, Bihar Land Tribunal has allowed the B.L.T Case filed by the Respondent No. 5 set aside the order passed by the Commissioner, Tirhut Division, Muzaffarpur.
(ii) For further quashing of the order dated 5.12.2013 passed by the Deputy Collector Land Reform, Belsand, Sitamarhi in B.L.D.R. Case No. 21/2013 whereby and
Patna High Court CWJC No.3029 of 2017(9) dt.06-05-2025
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where under the Deputy Collector Land Reform, Belsand, Sitamarhi has allowed the claim of the Respondent No. 5 in the teeth of the judgment of this Hon'ble Court passed in a case of Maheshwar Mandal Vs. State of Bihar wherein this Hon'ble Court has held that the Deputy Collector Land Reform having no jurisdiction to decide the complex question of title.
(iii) And for any other relief/reliefs for which the petitioners are found to be entitled in the eye of law.
of.
(Rajiv Roy, J)
Vijay Singh/-
U
1 issue framed by the court
Whether the Bihar Land Tribunal and DCLR orders deciding a title dispute between private parties could be sustained.
Ashok Kumar Sah
Pushpesh Kumar @ Jyoti
The State Of Bihar
The Commissioner, Tirhut Division, Muzaffarpur
The District Magistrate, Sitamarhi
The Deputy Collector, Land Reforms, Belsand, Sitamarhi
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
