Patna High Court
Rinku DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
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 The writ petition was therefore disposed of as withdrawn, with liberty to file a fresh petition before the Tribunal within a month.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
- Bihar Land Tribunal Act, 2009 — s. 15
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
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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
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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
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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-
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