Noorain Mian @ Nurain Mian v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16844 of 2017 ====================================================== Noorain Mian @ Nurain Mian S/o Late Abdul Gafur Miya, Resident of VillMahuwan, P.S.- Kuchaikot, Distt- Gopalganj. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Circle Officer, Kuchaikot, Gopalganj.

3.

The Land Reform Deputy Collector, Gopalganj.

4.

The Collector, Gopalganj.

5.

Habibun Nesa, 6.

Amirun Nesa, 7.

Samiun Nesa, All three are daughters of Late Amanullah Mian, Resident of Vill- Mahuawan, P.S.- Kuchaikot, Distt- Gopalganj. 8.

The Karyalay Mantri, District Bhoodan Yajn Committee, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Choudhary, Advocate For the State :

Mr. Manoj Kumar Sinha, AC to SC-19 For the Bhoodan Committee :

Mr. Rajni Kant Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-05-2025 Heard the parties.

2. The present petition has been filed for the grant of following relief(s):

"for issuance of writ/writs, order/orders, direction/directions in the nature of Certiorari for quashing the order dated 21.07.2017 passed in B. L. T. Case No.209 of 2015 (Habibun Nesa & Ors. Vs. The State of Bihar & Another) (as contained in Annexure-7 of the writ petition) by

Patna High Court CWJC No.16844 of 2017(2) dt.06-05-2025 2/3 the learned Administrative Member Sri K. P. Ramaiah of The Bihar Land Tribunal, Patna whereby and whereunder the application filed under section-9 of the B. L. T. Act, 2009 by the respondent nos.5 to 7 has been allowed and order dated 19.12.2014 passed by the Collector, Gopalganj in Bhoodan Bedakhali Appeal No.07 of 2013 has been set aside and further for issuance of appropriate writ/writs or order/orders or direction/directions or relief/reliefs for which the petitioner is found entitled in view of the facts and circumstances of the case."

3. A counter affidavit is on record and this Court has perused the order passed by the learned Member, Administrative, Bihar Land Tribunal, Patna.

4. Learned State counsel submits that such matter has to be decided before competent civil court and not in writ petition.

5. This Court is in complete conformity with the submissions of the learned State counsel. At this stage, learned counsel for the petitioner submits that he shall be approaching

Patna High Court CWJC No.16844 of 2017(2) dt.06-05-2025 3/3 the competent civil court for the redressal of the grievance.

6. If the petitioner approaches the competent civil court, the court concerned shall see to it that for eight years, the writ petition was pending while dealing with the limitation petition.

7. The writ petition stands disposed of.

(Rajiv Roy, J) vinayak/- U