Patna High Court
CIVIL APPEAL 766 of 2003 on 22 September 2001
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IN THE HIGH COURT OF JUDICATURE AT PATNACivil Writ Jurisdiction Case No.766 of 2003
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Sukai Ram son of Jokhu Ram, Resident of village-Mahantnwa, P.S. Kateya, District-Gopalganj .... .... Petitioner/s Versus 1.The State of Bihar 2.Member, Board of Revenue, Bihar, Patna 3.The Additional Collector, Gopalganj 4.The Deputy Collector, Land Reforms, Gopalganj 5.Rajendra Singh 6.Prabhu Singh 7.Sheo Nath Singh Sons of Late Raghbir Singh 8.Rama Kant Singh son of Bhagirath Singh 9.Baburam Choudhary son of Late Ram Swaroop Choudhary 10.Thag Choudhary son of Late Ram Swaroop Choudhary Sl. Nos. 5 to 10 resident of village-Mahanthwa, P.S. Kateya, District-Gopalganj
.... .... Respondent/s
====================================================== Appearance:For the Petitioner/s : Mr. Bipin Bihari Singh Mr. Shyama Kant Singh For the Respondent/s : Mr. S.A. Alam (SC)C Mr. Ganpati Trivedi ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARANORAL ORDER
07. 28-10-2013 Learned counsel for the parties are present.
This writ application is directed against the order dated 22.09.2001 passed by the Member, Board of Revenue in Revision Case No. 35 of 1999, whereby the Member, Board of Revenue while setting aside the appellate order passed by the Additional Collector has upheld the order of the Deputy Collector, Land Reforms passed in exercise of powers vested under Section 16(3)
of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961.
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 9 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.
S.Sb/-
(Jyoti Saran, J)