Dinesh Singh v. The State of Bihar & Ors.

Judgment

7. Deepak Kumar Poddar Son of Late Anandi Poddar, Resident of Shivpuri, Ward no.-09 P.S. and District-Araria

9. Rohit Kumar Ranjan Son of Late Gauri Prasad Choudhary, Resident of Araria R.S. Ward no.02 P.S. Araria (R.S.) District-Araria Rajeev Kumar Jaiswal Son of Brahmanand Choudhary, Resident of Hanumant Nagar, Ward no.-15, P.S. and District-Araria.

10. Smt. Sarda Devi Wife of Shiv Shankar Singh,D/o-Late Lakhan Dev Singh Resident of Village- Araria R.S., Ward no.-03 P.S.-Araria (R.S.) District- Sharan (Chhapra).

11. Dipawali Kuawar Wife of Late Lalan Singh, Daughter of Late Lakhan Dev Singh Resident of Araria RS Station Road Ward no.-03, P.S. Araria RS District-Araria, Presently resident of Village-Ghamharia P.S.-Jalalpur District-Sharan (Chhapra) ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN Mr. Md. Ziaul Quamar, Adv. Mr. Sajid Salim Khan ( Sc 25 ) : : 2 03-07-2023 Heard learned counsel for the petitioner and learned ORAL ORDER counsel for the State.

2. The present writ petition has been filed for quashing of the order dated 18.10.2022 passed by Circle Officer, Araria whereby Circle Officer, Araria had illegally muted the land bearing Khata No.- 279, Plot no.- 121 Area- 1.70 acres in favor of the private respondents no.-06 to 09 in case no. - 3317 of 2022-23 and 3318 of 2022-23 which was purchased by Patna High Court CWJC No.1507 of 2023(2) dt.03-07-2023 respondents no.- 06 to 09 on the basis of cheating and forgery by old ladies respondent no.-10 & 11. Aforesaid land related to petitioner through Khangi Batwara.

3. Counsel for petitioner submits that the land in question for which he is opposing the mutation, belongs to the Aunt (fuwaa) of the petitioner. He submits that the member of land graber gangs have obtained a sale deed by misguiding his Aunt (fuwaa) on the basis of which they want mutation of the said land in their favour with a view to sell to other persons and create further litigation. Counsel further submits that his Aunt (fuwaa) has moved in title suit and with a view to stop the mutation in the name of member of land graber gangs who are private respondent No. 6 to 11.

4. After some argument, learned counsel for the petitioners seeks permission prefer an appropriate application before the Bihar Land Tribunal, in view of the provisions of Sections 9 and 15 of the Bihar Land Tribunal Act, 2009 ( Bihar Act 9 of 2009), which reads as under :- “9. Powers of the Tribunal. - (1) The Tribunal shall have the power to entertain any application against the final order passed by the Appropriate Authorities under the Acts/ Manuals, mentioned below, within 90 days of such an order provided no other forum of appeal or revision against the order passed is provided in that Act/ Manuals: (i) The Bihar Land Reforms (Fixation of Ceiling Area Patna High Court CWJC No.1507 of 2023(2) dt.03-07-2023 and Acquisition of Surplus Land) Act, 1961 (ii) The Bihar Land Reforms Act, 1950 (iii) The Bihar Tenancy Act, 1885 (iv) The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (v) [xxx] (vi) The Bihar Bhoodan Yagna Act, 1954 (vii) The Bihar Privileged Persons Homestead Tenancy Act, 1947 (viii) The Bihar Government Estates Manual, 1953 (ix) The Bihar Settlement Manual (x) Bihar Land Disputes Resolution Act, 2009 (xi) Bihar Special Survey and Settlement Act, 2011. (xii) Bihar Land Mutation Act, 2011 It shall be open to the State Government to add or remove any Law/Manual in or from the list hereinfore mentioned. (2) In addition, the Tribunal shall decide any case transferred to it by the Government of Bihar or by the Hon'ble High Court of Judicature at Patna with regard to any other revenue or land reforms Law/ Manual for the time being in force. (3) The Tribunal shall have powers vested in the Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908) including the power to recommend to punish for Contempt of Court. 15. Transfer of proceedings pending in Patna High Court/ State Government to the Tribunal. - All cases connected with the Acts/ Manuals dealt with under Section 9 of this Act and pending in the High Court of Judicature at Patna but excluding writ petitions filed under Articles 226 and 227 of the Constitution of India and cases pending with the State Government, immediately before the commencement of this Act, as could have been within the jurisdiction of such Tribunal, and cases arising after the commencement Patna High Court CWJC No.1507 of 2023(2) dt.03-07-2023 of this Act, as would have been within the jurisdiction of such Tribunal, shall stand transferred to the Tribunal with effect from the said date of commencement: Provided further that it shall be open to the High Court of Judicature at Patna to remit the dispute pending adjudication in any writ proceeding before it for adjudication by the Tribunal.”

5. Since the present writ petition relates to Bihar Land Mutation Act, 2011 (Bihar Act 23 of 2011), which is a schedule Act, under Section 9 of the Bihar Land Tribunal Act, 2009 (Bihar Act 9 of 2009), this Court is of the opinion that the matter can well be adjudicated by the Tribunal

6. Accordingly, in view of proviso to Section 15 of the Bihar Land Tribunal Act, 2009, the Registry is directed to transmit the record of this case to the Tribunal forthwith.

7. However, it is expected that the Tribunal will hear and disposed of the case within a period of nine months from the date of receipt of record of this case after sending and service of notices to all the parties concerned, including the petitioner. (Dr. Anshuman, J.) prakashmani/- U