Bibi Fatima @ Pagli And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6564 of 2017 ====================================================== 1.

Bibi Fatima @ Pagli and Anr daughter of Late Haji Maniruddin, resident of Village- Bari, Gidarmari, P.S. Barari, District Katihar. 2.

Md. Hussain, Son of Late Hazi Maniruddin, resident of Village Bari Gidarmari, P.S. Barai, District- Katihar.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector, Katihar.

3.

The Additional Collector, Katihar.

4.

The Deputy Collector of Land Reforms, Katihar. 5.

The Circle Officer, Barari Block, Katihra.

6.

Abdul Hussain, Son of Late Mohiuddin, resident of Village- Choti Gidarmari, P.S. Barari, District- Katihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the Respondent/s :

Mr. Sajid Salim Khan-SC-25 Mr. Bhola Prasad, Advocate Mr. Indrajeet Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-11-2025 Heard the parties.

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

"(i) For issuance of appropriate writ/writs, order/orders, direction/directions for setting aside the order dated 09.12.2016 passed by the Hon'ble member judicial Mr. R.P.Sharma in B.L.T. Case no. 222 of 2016 whereby and where under the Hon'ble Member (Judicial) allowed the

Patna High Court CWJC No.6564 of 2017(5) dt.25-11-2025 2/3 case filed by the private respondent and set aside the order dated 11.12.2008 passed by Additional Collector, Katihar in Mutation Revision Case No. 872 of 2004-05 and order dated 27.01.2004 passed by the D.C.L.R. Katihar passed in Mutation Appeal No. 137 of 2003-04.

ii. For issuance of appropriate writ/ writs, order / order, direction/ directions to the authority concerned to restrain the private respondent who creating disturbance in peaceful possession of the petitioner over the land in question.

iii. For any other relief/ reliefs to which the petitioners may be found entitled in the facts and circumstances of the case."

3. At the outset, learned counsel for the respondent has taken this Court to Annexure-5 which shows that the Title Suit No. 16 of 2017 (Bibi Fatima vs. Abdul Hussain) is/are pending before the competent Court at Katihar.

4. Learned counsel for the petitioner acknowledges the fact that the said suit is still pending.

5. The Bihar Land Tribunal has observed the same

Patna High Court CWJC No.6564 of 2017(5) dt.25-11-2025 3/3 fact that any development that will take place will be subject to the final outcome of the Title Suit No. 16 of 2017 (Bibi Fatima vs. Abdul Hussain).

6. As the T.S. is of the year 2017, it is expected that the competent Court shall be taking the matter to its logical conclusion at an earliest.

7. With the aforesaid observation, the writ petition stands disposed of.

(Rajiv Roy, J) Adnan/- U