Patna High Court
Bhuneshwar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The petitioners are permitted to withdraw the writ and seek the remedy under Section 9(3) of the Bihar Land Tribunal Act within two weeks.
Summary
The petitioners, Bhuneshwar Singh and his son Satendra Kumar, filed a writ application before the Patna High Court seeking permission to withdraw the writ and instead pursue the remedy provided under Section 9(3) of the Bihar Land Tribunal Act, 2009 for enforcing an order dated 12 September 2018 passed by the Bihar Land Tribunal. The respondents, representing the State of Bihar, consented to the petitioners' request. The Court considered the procedural provisions of Section 9(3) and the parties' submissions. It ordered that the writ application be disposed of, granting the petitioners liberty to approach the Land Tribunal within two weeks for the appropriate remedy. Any interlocutory applications, if filed, were also disposed of accordingly.
Issues considered
- Whether the petitioners may withdraw the writ application and avail the remedy under Section 9(3) of the Bihar Land Tribunal Act, 2009
Legislation cited
- Bihar Land Tribunal Act, 2009 — s. 9(3)
Subjects
- writ jurisdiction
- withdrawal of writ
- Bihar Land Tribunal Act
- Section 9(3)
- procedural remedy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8061 of 2026
======================================================
1. Bhuneshwar Singh, Son of Prasidhi Singh, Resident of Village- Chiraili,
Raja Pakar, P.S.- Chiraili, District- Gaya, Bihar- 824236.
2. Satendra Kumar, Son of Bhuneshwar Singh, Resident of Q. No. CD-248,
Sector-2, Dhurwa, PO- Dhurva, District- Ranchi, Jharkhand-834004.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue,
Government of Bihar, Patna.
2. The Principal Secretary, Department of Revenue, Government of Bihar,
Patna.
3. The Additional Collector, Gaya.
4. The Land Reforms Deputy Collector (LRDC), Tekari, Gaya.
5. The Circle Officer, Tekari, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Karna, Advocate
Mr. Abhishek Raj, Advocate
For the Respondent/s : Md. Kamil Akhtar, A.C. to AAG- (05)
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL ORDER
2 01-07-2026 1. Heard learned counsel for the parties.
2. At at the very outset, in terms of the specific provisions
as contained in Section 9 (3) of the Bihar Land Tribunal Act,
2009, learned counsel for the petitioners seeks permission to
withdraw this writ application with a liberty to avail the remedy
available in the aforesaid provisions for enforcing and executing
the order dated 12.09.2018 passed by the Bihar Land Tribunal
in B.L.T. Case No. 422 of 2016.
3. Md. Kamil Akhtar, learned A.C. to A.A.G.- 05 for the
Patna High Court CWJC No.8061 of 2026(2) dt.01-07-2026
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State, readily agrees to it.
4. In view of the aforesaid submissions of learned counsel
for the petitioners, this writ application is disposed off with
liberty to him to avail proper remedy under Section 9 (3) of the
Bihar Land Tribunal Act within a period of two weeks
henceforth.
5. Interlocutory application(s), if any, also stand/s
disposed off accordingly.
(Rana Vikram Singh, J)
Saurabh.kr/
Prakash-
U
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