Md. Yasin And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6684 of 2017 ====================================================== 1.

Md. Yasin and Ors 2.

Md. Quasim , 3.

Md. Mohshin, 4.

Md. Naseem 5.

Md. Shamim @ Shamim Khan, 6.

Md. Salim @ Salim 7.

Md. Alam.

8.

Md. Tauquir, @ Tanquir Alam All Sons of Late Maniruddin Nand Resident of Village-Mauza bari, P.S.-Rauta and District-Purnea. 9.

Jamila Khatoon W/o Md. Quasim and daughter of Late Maniruddin, Resident of Village-Talbari, P.S.-Amaur and District-Purnea. 10.

Sakurun Nisa, @ Sakurun W/o Abdul Jalil, Resident of Village-Bhargawan, P.S.-Amaur and District-Purnea.

11.

Mahira Begum @ Mahera Kharum W/o Md. Nasik Resident of VillageMauja Bari, P.S.-Rauta and District-Purnea. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

Collector, Purnea, 3.

Additional Collector, Purnea.

4.

Deputy Collector Land Reforms, Purnea 5.

Sub-Divisional Officer, Purnea.

6.

Anchala Adhikari, Amaur, Purnea.

7.

Mojab, Son of Sk IMam Ali, Resident of Village-Chandanpur, P.O.-Rauta Hat, P.S.-Rauta and District-Purnea.

8.

Mostt. Saiqun, Widow of Late Abbas, 9.

Md. Shabbir, Sono f Late Abbas.

10.

Abrun, Widow of Late Nazam and Daughter of Late Abbas, Resident of Village-Chayanpur, P.S.-Rauta and District-Purnea. 11.

Algun, Wife of Md Sharif, resident of Dova Bari, P.s.-Amaur and DistrictPurnea. 12.

Mostt.Anirun, Widow of late Alauddin, Resident of Village-Nahra, P.S.- Amaur and Dist.-Purnea.

13.

Nayarun, Wife of Shabbir, Resident of Village-Shisabari, P.S.-Routa and Distt.-Purnea.

14.

Nazmin, Wife of Maqbool, Resident of Village-Rahika Tola Rauta, P.S.- Rauta and Distt.-Purnea.

2/4 15.

Habiban, Wife of Nasnsin, Resident of Village-Daubabari, at Present residing t Village-Pandarpur Rauta, P.S.-Rauta and Distt.-Purnea. 16.

Nauroj, Wife of Tahweer, Resident of Shishabari P.S.-Rauta and DistrictPurnea. 17.

Md. Habib @ Pasi, Resident of Village-Panderpar, P.S.-Rauta and DisttPurnea. 18.

Gulchehra @ Jhabri, S/o Bibi Batisan as Mothe 19.

Kafil.

20.

Sabil 21.

Quasim, 22.

Hashim 23.

Ishaque 24.

Qamrul All Sons of Late Nasiruddin, and Resident of Village-Mauzabari, P.s.-Rauta and District-Purnea.

25.

Ishrun, Wife of Phul Mohammad, Resident of Village-Bhargawan, P.S.- Amaur and District-Purnea.

26.

Qamrunissa, Wife of Late Nirbhars @ Company Resident of VillagePlaswari, P.S.-Rauta and Distt-Purnea. 27.

Anurun, Wife of Fazlur Rahman, Resident of Village-Chenvita, P.S.-Amaur and Dist-Purnea.

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

For the Petitioner/s :

Mr.Mohammed Abu Haidar For the Respondent/s :

Mr.Md. Khurshid Alam- Aag12 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-04-2025 Heard the parties.

2. The present writ petition has been filed for the following relief:

"That, this writ petition is being filed for issuance of an appropriate writ and/or direction, commanding the respondents concerned and to quash the order dated 01-07-2014 passed by the respondent-Anchal Adhikari in record no. 02/14-

3/4 15 whereby the learned Circle Officer has ordered to the Halka Karmachari to record/amend the name of the respondent no.7Mojib, after deleting the name of the original land holder and issued rents receipts in his favour as well as to restrain the respondents, from interfering with the peace possession of the petitioners of the land, in question".

3. By order dated 01-07-2014 passed in Case No. 02/14-15, the Anchaladhikari, Amaur, Purnea has determined the occupancy rights of under raiyats (the contesting respondents) over the land in question and the contesting respondents were directed to deposit the statutory rent.

4. Learned counsel for the petitioners has submitted that it is raiyati land of the petitioners and the Circle Officer, Amnaur, Purnea without giving opportunity of being heard to the petitioners, has passed the impugned order.

5. As per Bihar Tenancy (Amendment) Rules, 1992, a provision for appeal was provided against the impugned order and the petitioners may take the alternative remedy of the appeal for redressal of their grievances.

6. If the petitioners file an appeal within a period of four weeks from today, the limitation provided under the statute shall not come in way of deciding the appeal on its own merit.

4/4

7. With the aforesaid observation(s), this writ petition stands disposed of.

(Nawneet Kumar Pandey, J) A.K.V.//- U