IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16613 of 2008 ====================================================== Hasan Zamir, Son of Saddique Ansari @ Md. Siddique , resident of village - Dakaita, Police Station – Mirganj, District - Purnia. .... .... Petitioner Versus 1. The State Of Bihar 2. The Commissioner, Purnia Division, Purnia. 3. The Additional Collector, Purnia 4. Abu Jafar, Son of Late Junah Ali 5. Abu Umar, Son of Late Junah Ali 6. Bibi Samsu Nisa, Daughter of Late Junah Ali 7. Taufique Alam, son of Late Md. Yasin 8. Afaque Alam, son of Late Md. Yasin 9. Asfaque Alam, son of Late Md. Yasin 10. Bibi Bilkis Bano, Daughter of Late Md. Yasin No. 4 to 10 residents of village - Kukroun Amari, Police Station - Dhamdaha, district – Purnia 11. Md. Jamal Ansari, son of Fazilat Ansari 12. Md. Azad Ansari, Son of Fazilat Ansari 13. Md. Mannan Ansari, son of Fazilat Ansari 14. Bibi Safina Khatoon, widow of Late Md. Isa 15. Md. Parwej Alam, son of Md. Sajjad No. 11 to 15 residents of village Dakaita, Police Station - Mirganj, District - Purnia .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Arun Prasad Ambastha Mr. Ravindra Kr.Choudhry For the Respondent/s : Mr. Kumari Amrita (Sc(C)1) Mr. Abbas Haider Mr. Sandhya Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5 13-05-2013 Heard learned counsel for the petitioner, learned A.C. to Government Pleader No. 10 as well as learned counsel appearing on behalf of private respondents. Till date, no counter affidavit has been filed on behalf of private respondents, whereas, they have already entered Patna High Court CWJC No.16613 of 2008 (5) dt.13-05-2013 2/2 appearance long back. The petition pertains to pre-emption dispute. During the pendency of the present writ petition for adjudicating such dispute an appropriate forum as “Land Tribunal” has been constituted and already functioning. The court is of the opinion that this dispute can also be adjudicated by the Tribunal. Accordingly, in view of provision contained in Section 15 of the Bihar Land Tribunal Act, 2009, the Registry is directed to transmit the record of this case to the Tribunal forthwith. Interim order of stay dated 30.7.2009 passed by a bench of this court shall remain in operation, subject to any order passed by the Tribunal. Praful/- (Rakesh Kumar, J)