WRIT PETITION 2746 of 2008 on 15 November 2006

1. Sri Heman Bhagat

2. Sri Ram Chandra Bhagat, Both sons of Phala Bhagat, resident of Village- Jhaphan Tole, Majhaulia, P.S. Ahiyapur, District- Muzaffarpur

.... .... Petitioner/s

Versus

1. The State Of Bihar 2.The Joint Director, Consolidation, Muzaffarpur, P.S. and District- Muzaffarpur 3.The Deputy Director, Consolidation, Muzaffarpur, P.S. and District- Muzaffarpur

4. The Consolidation Officer, Bochahan, P.S. and District- Muzaffarpur 5.Sri Umeshwar Mishra, son of Late Ram Surat Mishra, resident of Village- Sotti, Veriyhahin, P.S. Kanti, District- Muzaffarpur

6. Mritunjay Thakur

7. Ajay Thakur, both sons of Deo Narayan Thakur

8. Sri Anjani Kumar Thakur, son of Subh Narayan Thakur, Respondent nos.6 to 8 are residents of Village- Dronpur, P.S. Ahiyapur, District- Muzaffarpur .... .... Respondent/s

Appearance :

For the Petitioner/s : Mr. Md.Rashid Alam Mr. Md.Anis Akhtar Mr. Md.Mehar Iqbal For the Respondent/s : Mr. (Gp22)

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CORAM: HONOURABLE MR. JUSTICE RAKESH KUMARORAL ORDER

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07-03-2013

Heard learned counsel for the petitioners and Sri Gopal Krishna, learned A.C. to Govt. Pleader no.19.

In the present writ petition, the petitioners have prayed for quashing of order dated 15.11.2006 passed by the Joint Director of Consolidation, Muzaffarpur in Consolidation Revision No.71 of 1999 under Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956.

The present writ petition was filed in the year 2008. The writ petition was once dismissed due to non-prosecution. Subsequently, the same was restored. Till date no notice has been directed to be issued to the private Respondents. However, during the pendency of the present writ petition, for adjudication of such dispute, a forum has been constituted as Land Tribunal under the provision of Bihar Land Tribunal Act, 2009. The Court is of the opinion that direction can be issued for transferring the record of the case to the land tribunal.

Accordingly, under the provision of Section 15 of the Bihar Land Tribunal Act, the Registry is directed to transmit the record of the case to the land tribunal forthwith.

NKS/-

(Rakesh Kumar, J)