Md. Razak @ Md. Razzak Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2580 of 2026 ====================================================== Md. Razak @ Md. Razzak Miyan Son of Md. Salim @ Salim Miyan, Resident of Village- Bangaon, Ward No. 11, Masjid Tola, P.S.- Bangaon, District- Saharsa.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Collector/District Magistrate, Saharsa.

3.

The Land Reform Deputy Collector, Saharsa.

4.

The Circle Officer, Kahra Anchal, District- Saharsa. 5.

Md. Arsad, Son of Md. Nasir Uddin @ Md. Nasir Uddin, Resident of Village- Bangaon, Ward No. 11/07, P.S.- Bangaon, District- Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhav Jha, Advocate For the Respondent/s :

Mr. Addl. Advocate General (09) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-02-2026 Heard the parties.

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

"i. For setting aside the order dated 11.12.2025 passed by the Deputy Collector Land Reforms, Saharsa in Mutation Appeal No.

496/2023-24 preferred by Respondent No. 5. Whereby and whereunder the petitioner herein Respondent No. 5 filed before the D.C.L.R., Saharsa for setting aside the order dated 30.12.2022 passed in Mutation Case No.

1126/2022-23 and order dated 30.12.2022 passed

Patna High Court CWJC No.2580 of 2026(2) dt.16-02-2026 2/3 in 1127/2022-23 passed by the Circle Officer (Anchal Adhikari) Kahra has been allowed.

ii. For setting aside the order dated 03.03.2025 passed in Revision Case No. 08/2025 by the Collector / District Magistrate, Saharsa. Whereby and whereunder learned Collector directed the Deputy Collector Land Reform Saharsa heard the matter afresh after hearing both parties without setting aside the order dt. 15.01.2025 passed in Mutation Appeal No. 496/2023-24.

iii. For confirming the order dated 15.01.2025 passed in Mutation Appeal No. 496/2023-24 by the learned Land Reform Deputy Collector, Sadar Saharsa wherein the learned Court refused the appeal since a Title Suit No. 119/2016 is pending before competent Civil Court. iv. For that the stay of the operation of the order of the aforesaid as contained in Annexure-P/5 to this petition till the disposal of the present Writ petition.

v. For any other relief/reliefs to which

Patna High Court CWJC No.2580 of 2026(2) dt.16-02-2026 3/3 the petitioner may be found entitle to in the facts and circumstances of the case."

3. After some arguments, learned counsel for the petitioner submits that it will suffice if the Collector, Saharsa (respondent no. 2) looks into the matter and pass necessary order.

4. Learned State counsel has no objection to it.

5. In that background, the writ petition stands disposed of allowing the petitioner to agitate the matter before the respondent no. 2, the Collector, Saharsa who shall be noticing the parties and shall take the matter to its logical conclusion at an earliest.

(Rajiv Roy, J) Adnan/- U