IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9694 of 2008 ====================================================== 1. Bachani Kunwar @ Bachani Devi, wife of Late Bucha Mishra 2. Keshav Mishra , son of Late Surya Nandan Mishra 3. Sashikant Mishra, son of Late Bucha Mishra 4. Jai Prakash Mishra, son of Late Bucha Mishra, All residents of Village- Semra, P.S. Sonhan, District- Kaimur .... .... Petitioner/s Versus 1. The State of Bihar 2. The Director, Consolidation, Bihar at Patna 3. The Deputy Director of Consolidation, Rohtas at Sasaram 4. The Consolidation Officer, Bhabhua, District- Kaimur 5. Raja Ram Mishra 6. Madan Mishra, Both are sons of Rup Deo Misra 7. Basgit Singh, son of Ram Sagar Koiri 8. Sipahi Singh, son of Ram Sagar Koiri, All are residents of Village- Semra, Police Station- Sonhan, District- Kaimoor at Bhabhua 9. Kishun Singh 10. Bishram Singh 11. Parshuram Singh 12. Gopal Singh 13. Surendra Singh 14. Dasrath Singh, All sons of Late Gorakh Singh are resident of Village-Kurtha, Police Station-Bhagwanpur, District-Kaimur at Bhabhua .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Kumar Pandey Mr. Rajesh Kumar Sinha For the Respondent/s : Mr. (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER --------------------- 3 05-04-2013 Heard learned counsel for the petitioners and learned A.C. to Standing Counsel no.25. In the present writ petition, an order passed under Section 35 of the Bihar Consolidation of Holdings and Prevention Patna High Court CWJC No.9694 of 2008 (3) dt.05-04-2013 2 / 2 2 of Fragmentation Act, 1956 is under challenge. Till date, no order has been passed for issuance of notice to the private Respondents. During the pendency of the present writ petition, an appropriate forum as Land Tribunal has been constituted and is functioning under the provision of Bihar Land Tribunal Act, 2009 (hereinafter referred to as the “Act”). The Court is of the opinion that the matter can well be adjudicated by the land 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 land tribunal forthwith. NKS/- (Rakesh Kumar, J)