IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9769 of 2008 ====================================================== Ram Narayan Upadhyay, son of Ram Krishna Upadhyay, resident of Village- Sakash, P.S. Sasaram, District- Rohtas at Sasaram .... .... Petitioner/s Versus 1. The State of Bihar 2. Joint Director, Consolidation( Headquarters), Bihar,Patna 3. Consolidation Officer, Shivsagar, Rohtas at Sasaram 4. Jadunandan Singh, son of Late Ram Naresh Singh, resident of Village- Chaukand Chitauli, P.S. Sasaram, District- Rohtas at Sasaram 5. Balwanti Kuer, wife of Late Shivnandan Ojha, resident of Village- Kaupa, P.O. Dariwan, P.S. Shivsagar, District- Rohtas at Sasaram .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. R.S.Dvivedi Mr. Shailendra Kr.Dwivedi Mr. Ranjan Kumar Dubey Mr. Laxman Lal Pandey For the Respondent/s : Mr. (Sc11) Mr. Ram Bachan Singh Mr. Ajay Kumar Tiwari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER -------------------- 4 09-04-2013 Heard learned counsel for the petitioner, learned A.C. to Standing Counsel no.25 as well as learned counsel appearing on behalf of private Respondents. In the present writ petition, an order passed by the Joint Director of Consolidation under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1950 is under challenge. However, 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 Patna High Court CWJC No.9769 of 2008 (4) dt.09-04-2013 2 / 2 2 Bihar Land Tribunal Act, 2009 and , as such, the Court is of the opinion that such 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. Interim order dated 30.04.2009 passed by this Court shall continue subject to any order passed by the land tribunal. NKS/- (Rakesh Kumar, J)