WRIT PETITION 9913 of 2004 on 31 October 2002

IN THE HIGH COURT OF JUDICATURE AT PATNACivil Writ Jurisdiction Case No.9913 of 2004

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Ram Sakal Rai & Ors

.... .... Petitioner/s Versus

The State of Bihar & Ors

.... .... Respondent/s

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARANORAL ORDER

12 21-10-2013 Mr. Narayan Singh, learned counsel for the petitioner, A.C. to G.P.26 for the State and Mr. Kamala Kant Tiwary, learned counsel for the respondent Nos. 9 and 10 are present. The writ petition questions the order dated 31.10.2002 passed by the Additional Collector, Chapra in Misc. Appeal No. 3 of 1994 and the order dated 19.5.2004 passed by the Member, Board of Revenue, Bihar, Patna in exercise of powers vested under the provisions of the Bihar Tenants’ Holdings (Maintenance of Records) ’ Holdings (Maintenance of Records) Holdings (Maintenance of Records) Act, 1973. The dispute raised is amenable to the jurisdiction of the Bihar Land Tribunal constituted under Section 4 of the Bihar Land Tribunal Act, 2009 (hereinafter referred to as the ‘Act’) and the rules framed thereunder. In view of the provisions of Section 9 and Section 15 of the Act read with Rule 5(6) of the Bihar Land Tribunal Rules, 2010, the records of the writ proceedings stands transferred / remitted to the Bihar Land Tribunal for adjudication. The Registry is directed to transfer the records within four weeks from today.

Mr. Narayan Singh, learned counsel for the petitioner, A.C. to G.P.26 for the State and Mr. Kamala Kant Tiwary, learned counsel for the respondent Nos. 9 and 10 are present.

The writ petition questions the order dated 31.10.2002 passed by the Additional Collector, Chapra in Misc. Appeal No. 3 of 1994 and the order dated 19.5.2004 passed by the Member, Board of Revenue, Bihar, Patna in exercise of powers vested under the provisions of the Bihar Tenants’ Holdings (Maintenance of Records) ’ Holdings (Maintenance of Records) Holdings (Maintenance of Records) Act, 1973.

The dispute raised is amenable to the jurisdiction of the Bihar Land Tribunal constituted under Section 4 of the Bihar Land Tribunal Act, 2009 (hereinafter referred to as the ‘Act’) and the rules framed thereunder.

In view of the provisions of Section 9 and Section 15 of the Act read with Rule 5(6) of the Bihar Land Tribunal Rules, 2010, the records of the writ proceedings stands transferred / remitted to the Bihar Land Tribunal for adjudication.

The Registry is directed to transfer the records within four weeks from today.

Bibhash/-

(Jyoti Saran, J)