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Patna High CourtCWJC/4355/2017disposed

Firdaus Ahmad v. The State Of Bihar And ORS

2025-11-18Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4355 of 2017 ====================================================== Firdaus Ahmad Son of Late Sharafat Hussain, resident of Village- Singahi Kala, P.O.- Ara, P.S.- Ara Town, District- Bhojpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Principal Secretary, Urban Development Department, Government of Bihar, Patna.

4.

The District Magistrate, Bhojpur at Ara.

5.

The Municipal Commissioner, Ara Municipal Corporation, DistrictBhojpur. 6.

The Circle Officer, Ara Sadar, District- Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bibhakar Tiwary, Advocate For the Respondent/s :

Mr.Dhurjati Kumar Prasad, G.P.-14 For the Corporation :

Mr. Madan Mohan, Advocate Mr. Ritiv Shah, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-11-2025 Heard the parties.

2. The present petition has been preferred for the following relief/s:

(i) to issue an appropriate writ, preferably in the commanding nature of mandamus upon the respondent authorities particularly the Circle Officer, Ara Sadar, to produce the final order passed in Mutation case no.1/2015-16 and upon production to

Patna High Court CWJC No.4355 of 2017(6) dt.18-11-2025 2/3 quash/set aside the said order;

(ii) to issue an appropriate writ, preferably in the nature of certiorari to set aside the part of the letter no. 933, dated 12.05.2016 (annexure-5) in which the land of the petitioner appertaining to Thana No. 247, old plot no. 229 and 231 has been included;

(iii) to hold and declare that the land appertaining to Thana No.247, Khata no.

65, Plot No.229 and 231 is the old Khatiyani ancestral land of the petitioner;

(iv) to grant any other relief(s), for which the petitioner may be found entitled to in the facts and circumstances of the case,

3. At the outset, learned counsel for the Ara Municipal Corporation submits that as the land belongs to the Municipal Corporation, it has already been preferred before an competent court vide no. 408 of 2017 (Ara Municipal Corporation vs. Md.Ibrahim & Ors.) in which the present petitioner Firdaus Ahmad is defendant no.3.

4. Learned counsel for the petitioner acknowledged the said fact, a title suit is there for the same set of land, it is

Patna High Court CWJC No.4355 of 2017(6) dt.18-11-2025 3/3 pending before an competent Court, in that background, it would be appropriate that the parties resolved the dispute before that Court.

5. The writ petition is disposed of with the aforesaid observation.

(Rajiv Roy, J) Ravi/- U