CIVIL APPEAL 1068 of 2006 on 12 October 2005

IN THE HIGH COURT OF JUDICATURE AT PATNACivil Writ Jurisdiction Case No.1068 of 2006

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Dharmsen Ram

.... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :For the Petitioner/s : Mr. K.K.Tiwary For the Respondent/s : Mr. (AAG-3) Mr. Ravi Shankar Pankaj

.... .... Respondent/s

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

11 28-10-2013

Heard Mr. K.K. Tiwary, learned counsel appearing on behalf of the petitioner, learned counsel appearing for the State and Mr. Ravi Shankar Pankaj, learned counsel appearing for the respondent no.4.

The petitioner has questioned the order dated 12.10.2005 passed by the Collector, West Champaran at Bettiah in Case No.R.M. 77 of 2002-03, whereby he has set aside the order dated 19.11.1997 passed by the Deputy Collector, Land Reforms, Narkatiaganj, district- West Champaran in Appeal Case No.22 of 1997-98 and the order passed in Mutation Case No.788 of 1996-97. The order impugned has been passed in exercise of powers vested under the Bihar Tenants’ Holdings (Maintenance of Records) Act, 1973.

The dispute raised is amenable to the jurisdiction of SKPathak/- 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 sections 9 and 15 of the Act read with rule 5(6) of the Bihar Land Tribunal Rules, 2010, the records of the writ proceedings stand transferred/remitted to the Bihar Land Tribunal for adjudication.

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

(Jyoti Saran, J)