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Patna High Court

Rinku DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Section 15 of the Bihar Land Tribunal Act, 2009 expressly excludes writ petitions under Articles 226 and 227, so the petition cannot be transferred to the Tribunal.

Summary

A group of wives filed a writ petition in the Patna High Court challenging an order related to a land dispute. They sought to have the petition transferred to the Bihar Land Tribunal under Section 15 of the Bihar Land Tribunal Act, 2009. The Court examined the provision, which excludes writ petitions filed under Articles 226 and 227 of the Constitution from transfer. Consequently, the Court held that the petition could not be transferred to the Tribunal. The Court permitted the petitioners to withdraw the writ petition and approach the Tribunal separately. The writ petition was therefore disposed of as withdrawn, with liberty to file a fresh petition before the Tribunal within a month.

Issues considered

  • Whether a writ petition filed under Article 226 can be transferred to the Bihar Land Tribunal under Section 15 of the Bihar Land Tribunal Act, 2009

Legislation cited

Subjects

  • writ petition
  • transfer of jurisdiction
  • Bihar Land Tribunal Act
  • Section 15
  • Article 226
  • land dispute
  • withdrawal of petition

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.8670 of 2026
     ======================================================
1.    Rinku Devi Wife of Sanjay Mandal, Resident of Village Naya Nagar
      Gangalday, P.S. Kahalgaon, District- Bhagalpur.
2.   Urmila Devi, Wife of Brahmdeo Mandal, Resident of Village Naya Nagar
     Gangalday, P.S. Kahalgaon, District- Bhagalpur.
3.   Gita Devi, Wife of Shiv Mandal, Resident of Village Naya Nagar
     Gangalday, P.S. Kahalgaon, District- Bhagalpur.
4.   Parwati Devi, Wife of Basdeo Mandal, Resident of Village Naya Nagar
     Gangalday, P.S. Kahalgaon, District- Bhagalpur.
5.   Meena Devi, Wife of Ramchandra Bhagat, Resident of Village Naya Nagar
     Gangalday, P.S. Kahalgaon, District- Bhagalpur.
6.   Jaya Devi, Wife of Late Ram Prabesh Tanti, Resident of Village Naya Nagar
     Gangalday, P.S. Kahalgaon, District- Bhagalpur.
7.   Rita Devi, Wife of Vijay Sah, Resident of Village Naya Nagar Gangalday,
     P.S. Kahalgaon, District- Bhagalpur.
8.   Bhutki Devi, Wife of Karelal Mandal, Resident of Village Naya Nagar
     Gangalday, P.S. Kahalgaon, District- Bhagalpur.
9.   Yashoda Devi, Wife of Sanjay Sah, Resident of Village Naya Nagar
     Gangalday, P.S. Kahalgaon, District- Bhagalpur.
10. Rina Devi, Wife of Jyotish Mandal, Resident of Village Naya Nagar
    Gangalday, P.S. Kahalgaon, District- Bhagalpur.
11. Lukho Devi, Wife of Thakur Mandal, Resident of Village Naya Nagar
    Gangalday, P.S. Kahalgaon, District- Bhagalpur.
12. Halko Devi, Wife of Makko Mandal, Resident of Village Naya Nagar
    Gangalday, P.S. Kahalgaon, District- Bhagalpur.
13. Meena Devi, Wife of Subhash Mandal, Resident of Village Naya Nagar
    Gangalday, P.S. Kahalgaon, District- Bhagalpur.
14. Sabita Devi, Wife of Fagu Mandal, Resident of Village Naya Nagar
    Gangalday, P.S. Kahalgaon, District- Bhagalpur.
15. Manti Devi, Wife of Manoj Mandal, Resident of Village Naya Nagar
    Gangalday, P.S. Kahalgaon, District- Bhagalpur.

                                                             ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Secretary-cum-Commissioner, Department of
     Revenue, Government of Bihar, Patna.
2.   The Secretary-cum-Commissioner, Department of Revenue, Government of
     Bihar, Patna.
3.   The Collector-cum-District Magistrate, Bhagalpur.
4.   The Circle Officer, Kahalgaon, Bhagalpur.
5.   Kanhaiya Lal Santhalia, Son of Late Mahadeo Lal Santhalia, Resident of
     Mohalla Chaudhary Tola, P.S Kahalgaon, District- Bhagalpur.
         Patna High Court CWJC No.8670 of 2026(2) dt.29-06-2026
                                                     2/4




           6.    Saurav Santhalia, Son of Sita Ram Santhalia, Resident of Mohalla
                 Chaudhary Tola, P.S Kahalgaon, District- Bhagalpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Ms. Pravina Kumari, Adv.
                 For the Respondent/s    :        Mr. Government Pleader (18)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
                                       ORAL ORDER

2   29-06-2026                 Heard learned counsel for the parties.

                               2. At the very outset, learned counsel for the petitioner

                   prays that since there is a provision for filing an appeal before

                   the Bihar Land Tribunal, Patna against the order impugned, this

                   case may be transferred to Bihar Land Tribunal for proper

                   consideration and disposal. In this regard it is apposite to quote

                   Section 15 of the Bihar Land Tribunal Act, 2009 which reads as

                   under:-

                                                   “Section 15 - Transfer of proceedings
                                                   pending in Patna High Court/State
                                                   Government to the Tribunal - All cases
                                                   connected with the Acts/Manuals dealt
                                                   with under Section- 9 of this Act and
                                                   pending in the High Court of Judicature
                                                   at Patna but excluding writ petitions filed
                                                   under Articles 226 and 227 of the
                                                   Constitution of India and cases pending
                                                   with the State Government, immediately
                                                   before the commencement of this Act, as
                                                   could have been within the jurisdiction of
                                                   such Tribunal, and cases arising after the
                                                   commencement of this Act, as would have
                                                   been within the jurisdiction of such
                                                   Tribunal, shall stand transferred to the
                                                   Tribunal with effect from the said date of
Patna High Court CWJC No.8670 of 2026(2) dt.29-06-2026
                                            3/4




                                          commencement :
                                          Provided further that it shall be open to
                                          the High Court of Judicature at Patna to
                                          remit the dispute pending adjudication in
                                          any writ proceeding bonafide before it
                                          for adjudication by the Tribunal.”

                      3. The aforesaid section makes it amply clear that all

          cases would stand transferred to the Bihar Land Tribunal except

          pending either before the High Court or other authority except

          those that of writ applications filed under Article 226 and 227 of

          the Constitution of India. Thus, in this view the prayer for

          transferring the instant writ application to the Bihar Land

          Tribunal appears to be fallacious and misconceived.

                      4. In this view, the petitioner seeks permission to

          withdraw the present writ petition with a liberty to approach the

          learned Bihar Land Tribunal, Patna for grant of appropriate

          relief(s) with respect to the land under dispute, as also with

          respect to the order impugned in the present proceeding.

                      5. Permission is accorded.

                      6. The writ petition stands disposed of as withdrawn

          with the liberty aforesaid.

                      7. The parties shall be at liberty to raise all the issues

          of facts and law before the learned Bihar Land Tribunal, Patna,

          which may be available to them.

                      8. If an appropriate petition is filed on behalf of the
            Patna High Court CWJC No.8670 of 2026(2) dt.29-06-2026
                                                        4/4




                      petitioner before the learned Bihar Land Tribunal, Patna within

                      a period of one month from today with a certified copy of the

                      present order, and if it is found to have become barred by

                      limitation and if any petition is filed on behalf of the petitioner

                      for condonation of such delay, then the learned Bihar Land

                      Tribunal, Patna shall take into consideration that on a bonafide

                      legal advice, the present writ petition was filed before this Court

                      on 13.05.2026 and that remained pending till date.



                                              (Rana Vikram Singh, J)
Supratim/
Saurabh-

U


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