IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13443 of 2008 ====================================================== Nizamudin Khan @ Nijhamuddin Miyan @ Nizamuddin Miyan, S/o Muljim Mian, resident of village - Dubey Panchamwa, P.S. – Kateya, District – Gopalganj. .... .... Petitioner Versus 1. The State Of Bihar 2. Joint Director, Chakbandi, Muzaffarpur. 3. Deputy Director, Chakbandi, Siwan 4. Chakbandi Officer, Kateya, District – Gopalganj. 5. District Magistrate, Gopalganj. 6. Additional District Magistrate, Gopalganj. 7. D.C.L.R., Gopalganj. 8. Risheshwar Prasad Varnwal, S/o Khublal Sah, resident of village - Dubey Panchamwa, P.S. – Kateya, District – Gopalganj. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Aminuddin Ahmad Khan Mr. Raj Dular Sah For the Respondent/s : Mr. (Gp15) Mr. Rahul Nath ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5 26-04-2013 Heard Sri Aminuddin Ahmad Khan, learned counsel for the petitioner, Sri Kamlendra Prasad Jha, learned A.C. to Government Advocate No. 5 as well as learned counsel appearing on behalf of private respondent i.e. respondent no. 8. The present writ petition pertains to an order passed under Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956. During the pendency of the present writ petition for adjudicating such dispute an appropriate forum as “Land Patna High Court CWJC No.13443 of 2008 (5) dt.26-04-2013 2/2 Tribunal” has been constituted and functioning under the provision of Bihar Land Tribunal Act, 2009. The Court is of the opinion that this dispute can well be adjudicated by the Tribunal. Accordingly, in view of provision contained in Section 15 of the Act, the Registry is directed to transmit the record of the case to the Tribunal forthwith. Praful/- (Rakesh Kumar, J)