Amit Kumar Thakur v. The State of Bihar Bihar
Case at a glance
- Bench
- ANSHUMAN
Provisions considered
- Bihar Land Tribunal Act, 2009 ss. 9, 15
- Fixation of Ceiling Area and Acquisition of Surplus Land Act, 1961
- Bihar Land Reforms Act, 1950
- Bihar Tenancy Act, 1885
- Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956
- Bihar Bhoodan Yagna Act, 1954
- Bihar Privileged Persons Homestead Tenancy Act, 1947
- Bihar Land Disputes Resolution Act, 2009
- Bihar Special Survey and Settlement Act, 2011
- Bihar Land Mutation Act, 2011
- Code of Civil Procedure, 1908
- Constitution of India arts. 226, 227
Key paragraphs
- Para 55. 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.
Judgment
Urmila Devi, Wife of Sri Pitambar Mahto Resident of Mohalla- Bihra, Ward No.- 07, Anchal- Sattar Kataiya, District- Saharsa (Bihar), Pin Code- 852124. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN Mr. Neeraj Kumar, Adv. Mr. Sajid Salim Khan (Sc25) : : 2 03-07-2023 Heard learned counsel for the petitioners and learned ORAL ORDER counsel for the State.
The present writ petition has been filed for setting aside the order dated 30.08.2017 passed in Basgit Parcha Cancellation Case No. 03 of 2017 passed by the learned Collector Saharsa, Whereby and where under the learned Collector dismissed the case filed by the successor of the recorded tenant and affirmed the Basgit Parcha dated
15.06.2011 granted by the Circle Officer, Sattar Kataiya to Patna High Court CWJC No.1307 of 2023(2) dt.03-07-2023 private respondent No.6 Urmila Devi over Khata No. 08, Plot No. 3683, Area 2 decimals situated at Mauza- Bihra, Thana No. 156/1, Anchal- Sattar Kataiya, District- Saharsa.
After some argument, learned counsel for the petitioner 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 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 Patna High Court CWJC No.1307 of 2023(2) dt.03-07-2023 It shall be open to the State Government to add or remove any Law/Manual in or from the list herein fore 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 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.”
Since the present writ petition relates to The Bihar Privileged Persons Homestead Tenancy Act, 1947, (Bihar Act IV of 1948) 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 Patna High Court CWJC No.1307 of 2023(2) dt.03-07-2023 Tribunal
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.
6. 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
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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