IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9452 of 2008 ====================================================== 1. Bhup Narayan Singh 2. Kameshwar Singh 3. Bachcha Prasad Singh, All sons of Late Lakshmi Singh, resident of Village- Fatehabad, P.S. Paru, District- Muzaffarpur (Opp.Parties) .... .... Petitioner/s Versus 1. The State of Bihar through the Director, Consolidation, Bihar,Patna 2. The Joint Director, Consolidation, Muzaffarpur 3. Birendra Prasad Singh, son of Ram Devan Singh 4. Maheshwar Prasad Singh, son of Late Chandrika Singh, Both residents of Village- Fatehabad, P.S. Paru, District- Muzaffarpur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Manisha Singh Mr. Mayank Shekhar For the Respondent/s : Mr. (Gp5) Mr. Manish Kumar Mr. S.Parasmani ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ----------------- 3 03-04-2013 Heard Sri Ashok Kumar Singh, learned Senior Counsel, who was assisted by Smt. Manisha Singh, learned counsel for the petitioners, learned A.C. to A.A.G. No.12 as well as learned counsel appearing on behalf of private Respondents. The present writ petition was filed against 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 proper adjudication of such dispute, an appropriate forum as Land Tribunal has been Patna High Court CWJC No.9452 of 2008 (3) dt.03-04-2013 2 / 2 2 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 case can well be adjudicated by the Land Tribunal. Accordingly, in view of provision of Section 15 of the Act, the Registry is directed to transmit the record of the case to the land tribunal forthwith. Interim order of stay dated 28.04.2009 shall continue subject to any order passed by the land tribunal. NKS/- (Rakesh Kumar, J)