Md. Nurul Hoda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1434 of 2025 ====================================================== Md. Nurul Hoda son of Late Ismail, resident of Village-Hajrat Jandaha, P.O. Jandaha, P.S. Jandaha, Dist-Vaishali.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Land Reforms Department, Bihar, Patna.
2.
The Collector, Vaishali, Hajipur.
3.
The Additional Collector, Vaishali, Hajipur.
4.
The Deputy Collector Land Reform, Vaishali, Hajipur. 5.
The Sub Divisional Officer, Mahua, Vaishali.
6.
The Circle Officer, Jandaha, Vaishali.
7.
Md. Jamir, son of Late Reyazuddin, resident of Village-Hajrat Jandaha, P.O. Jandaha, P.S. Jandaha, Dist-Vaishali.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satish Kumar Sinha, Advocate For the Respondent/s :
Mr. S.D.Yadav, A.A.G.-9 Mr. Braj Bhushan Mishra, A.C. to A.A.G.-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-02-2025 Heard learned Counsel for the petitioner and learned Counsel for the State.
2. The present petition has been preferred for the following reliefs:- (A) A writ in the nature of certiorari or any other appropriate writ/s, order/s for quashing the Baskit Purcha, dated 27.07.1990. issued under the seal of Circle Officer, Jandaha, Vaishali, with respect to land, bearing Khata No. 08, Plot No.
Patna High Court CWJC No.1434 of 2025(2) dt.04-02-2025 2/3 233, Area 2 decimal, in favour of Mosmat Hasina Khatoon (now died), mother of Md. Jamir, respondent no. 7.
(B) A writ in the nature of mandamus or any other appropriate writ/s, order/s, directions Commanding the respondent for the followings : - (i) To hold that annexure - P4 to the petition is null and void.
(ii) To hold that land bearing. Plot No.
233, situated at Village: Hajarat Jandaha, falling within Jandaha Block of Vaishali district is the home stead land of the petitioner, on which the residential house of the petitioner is standing. Hence the authority has got no power/jurisdiction to issue Baskit Purcha with respect to the said land.
(iii) To hold that the petitioner has got right, title and possession over the land in question.
(iv) To direct the Collector, Vashali, respondent no. 2, to dispose the Baskit Pucha Appeal Case No. 51/ 2023-24, as earlier as
Patna High Court CWJC No.1434 of 2025(2) dt.04-02-2025 3/3 possible.
(C) Any other relief/s for which the petitioner is entitled to.
3. The main grievance of the petitioner is that his home stead land Purcha Appeal No. 51 of 2023-24 pending in the Court of Collector, Vaishali, Hajipur is not being taken up expeditiously.
4. The Collector, Hajipur, Vaishali is directed to dispose of the appeal as expeditiously as possible.
5. With these observation(s), the writ petition stands disposed of.
(Nawneet Kumar Pandey, J) Neha/- U