Abdul Kalam @ Md. Kalam v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18925 of 2017 ====================================================== Abdul Kalam @ Md. Kalam son of Late Abdul Subhan, resident of VillageMadhopur, Police Station- Maniyari, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Muzaffarpur.

3.

The D.C.L.R., Muzaffarpur.

4.

The Circle Officer, Kudhani, District- Muzaffarpur. 5.

The Masudul Haque 6.

Mamurul Haque 7.

Maksudul Haque, All sons of Haji Reyazul Haque, resident of MohallaSadpura, P.O. Ramna, P.S.- Maniyari, District- Muzaffarpur. 8.

Additional Collector, Muzaffarpur.

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

For the Petitioner/s :

Mr. Md. Harun Quareshi, Advocate For the Respondent/s :

Mr. Rishi Raj Sinha, SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 20-08-2024 Heard learned counsel for the petitioner and learned counsel for the respondents.

2.

Learned counsel for the petitioner is permitted to make necessary correction/s in the party position of the writ petition.

3.

The present writ petition has been preferred for the following relief/s:- "I. For issuance of a writ in the nature of certiorari or any other appropriate writ,

Patna High Court CWJC No.18925 of 2017 dt.20-08-2024 2/3 order and direction for quashing the order dated 17.02.2017 passed by Addl. Collector, Land Revenue, Muzaffarpur in Mutation/Revision No. 49 of 2013-14 by which order cancel the Jamabandi of the petitioner and gave the direction to make the Jamabandi in the name of private respondents which is illegal and against the law.

II. For issuance of a writ in the nature of mandamus or any other writ appropriate writ, order and direction commanding the respondent not to disturb the jamabandi with the name of the petitioner.

III For issuance of a writ in the nature of mandamus or any other writ appropriate writ, order and direction for commanding the concern respondents to disposed of the appeal of the petitioner i.e. Appeal No. 39 of 2017 which is pending before the District Collector, Muzaffarpur.

IV. Any other relief/ reliefs for which the petitioner is found to the entitle in the facts and circumstances of the case."

4.

At the outset, learned counsel for the petitioner confined his prayer with regard to disposal of Appeal No. 39 of 2017 which is pending consideration before the District Collector, Muzaffarpur within a time frame.

Patna High Court CWJC No.18925 of 2017 dt.20-08-2024 3/3 5.

On the other hand, learned counsel for the State in view of limited prayer canvassed on behalf of the petitioner, does not object to the disposal of appeal preferred by the petitioner, which is pending consideration.

6.

In that view of the matter, the District Collector Muzaffarpur (respondent No.2) is directed to dispose of the Appeal No. 39 of 2017 by passing a reasoned and speaking order after affording opportunity of hearing to the parties concerned, in accordance with law, within a period of three months from the date of receipt/production of a copy of this order.

7.

With the aforesaid direction, writ petition stands disposed of.

(Rudra Prakash Mishra, J) Raj Kishore/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 22-08-2024 Transmission Date N/A