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Section 4: Jurisdiction and authority to resolve disputes

The Bihar Land Disputes Resolution Act, 2009State Act of Bihar · Act 4 of 2010

(1) The competent authority shall have jurisdiction and authority to hear and adjudicate, on an application or complaint or on any application referred to by a prescribed authority or officer, any issue arising out of following types of disputes:-

(a) Unauthorised and unlawful dispossession of any settlee or allottee from any land or part thereof, settled with or allotted to him under any Act contained in Schedule-1 to this Act by issuance of any settlement document/parcha by a competent authority;

(b) Restoration of possession of settled / allotted land in favour of legally entitled settlee/ allottee or his successors/heirs, upon adjudication of unauthorized and unlawful dispossession;

(c) Threatened dispossession of a legally entitled settlee/ allottee;

8 �बहार गजट (असाधारण)] 8 जनवर� 2010

(d) Any of the matters enumerated in (a), (b) and (c) above appertaining to raiyati land.

(e) Partition of land holding;

(f) Correction of entry made in the record of rights including map/survey map.

(g) Declaration of the right of a person;

(h) Boundary disputes;

(i) Construction of unauthorized structure; and

(j) Lis pendens transfer .

(2) The competent authority shall not have jurisdiction to review or reopen any finally concluded and adjudicated proceeding under any of the Acts contained in Schedule-1. The competent authority shall exercise his authority for resolving the dispute brought before him on the basis of any final order passed by any of the authorities empowered to do so in the Acts contained in Schedule-1 of this Act.

(3) The competent authority shall not have jurisdiction to adjudicate any fresh rights of allottee / settlee or a raiyat which is not yet determined and is required to be determined in accordance with provisions contained in any of the Acts contained in Schedule-1:

Provided that where rights of allottee / settlee or raiyat are already determined under any of the Acts contained in Schedule-1, the competent authority shall have jurisdiction to entertain cases appertaining to matters enumerated in sub-section (1).

(4) Notwithstanding anything contained in sub-section (2) and (3) hereinabove, if no provision is made in any of the Acts contained in Schedule-1 for determination of rights of allottee / settlee or raiyat and claimed right is yet to be determined, it shall be open to the competent authority to finally determine such right.

(5) The competent authority, wherever it appears to him that the case instituted before him involves complex question of adjudication of title, he shall close the proceeding and leave it open to parties to seek remedies before the competent Civil Court.

Where this provision sits

ActThe Bihar Land Disputes Resolution Act, 2009
Section4
Marginal noteJurisdiction and authority to resolve disputes
JurisdictionState of Bihar
StatusIn force as published by the source

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