IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2438 of 2008 ====================================================== 1. Shyama Singh , wife of Shri Krishna Singh, daughter of Late Ram Ekbal Singh, resident of Mohalla- Shyam Krishna Market, Mahabir Asthan, P.S. Moffasil, District- Gaya 2. Kapildeo Singh 3. Anugrah Narayan Singh 4. Birendra Kumar Singh 5. Manoj Kumar Singh 6. Sudhir Kumar 7. Vijay Kumar Singh, 2 to 7 are sons of Late Ram Ekbal Singh, resident of Village- Gerey , P.S. Moffasil, District- Gaya at present residing at 175 D, A.P. Colony, P.S. Rampur, District- Gaya .... .... Petitioner/s Versus 1. The State of Bihar 2. The Additional Member Board of Revenue, Bihar,Patna 3. The Collector, Gaya 4. The Deputy Collector Land Reforms , Gaya---- Respondents 1st Set 5. Smt. Suman Devi, wife of Shri Mahesh Narayan Singh 6. Shri Mahesh Narayan Singh, son of Late Sheo Nandan Singh, Both residents of Village- Mahuar, P.S. Madanpur, District- Aurangabad at present Mohalla-Janakpur, P.S. Moffasil, District-Gaya 7. Shri Anup Kumar, son of Late Hirdumal, resident of 12 Fatah Bahadur Road ( West) , V.T. Park Gauri Bhawan, P.S. Kotwali, District- Gaya through its power of Attorney holder Shri Kamlesh Singh, son of Satyadeo Singh, resident of Village- Rasalpur, P.S. Moffasil, District- Gaya .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. R.K.Sinha 2 For the Respondent/s : Mr. (Sc2(Ceiling) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER --------------------- 5 10-04-2013 Heard learned counsel for the petitioners and learned A.C. to Govt. Pleader no.15. The present writ petition has been filed against an order passed by the learned Addl. Member Board of Revenue in Revision Case No.73 of 2004, which was disposed of under the Patna High Court CWJC No.2438 of 2008 (5) dt.10-04-2013 2 / 2 2 provision of Bihar Land Reforms ( Fixation of Ceiling Area and Acquisition of Surplus Land) Act,1961. In this case till date no notice has been issued to private Respondents and the petitioners are legal heirs of pre-emptor. During the pendency of the present writ petition, for adjudicating such dispute 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 this dispute 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)