Md. Husaini And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17027 of 2018 ====================================================== 1.

Md. Husaini 2.

Md. Hasim. Both Son of Late Md. Wahid, Resident of Village- Sangram, Post Office- Tulapatganj, Circle- Jhanjharpur, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Madhubani.

3.

The Sub Divisional Officer, Jhanjharpur.

4.

The Land Reforms, Deputy Collector, Jhanjharpur. 5.

The Circle Officer, Jhanjharpur.

6.

Kusheshwar Mahto, Son of Late Jiban Mahto, Resident of Village- Sangram, Post Officer- Tulapatganj, Circle- Jhanjharpur, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Narayan Mahto, Advocate For the Respondent/s :

Mr.Raj Kishore Roy- GP18 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-02-2025 Learned counsel for the petitioner and learned counsel for the State are present.

2. Learned counsel for the petitioners submits that the present writ petition has been filed seeking a direction upon the respondent authority to quash the purcha issued by the Circle Officer, Jhanjharpur, on 08.01.2018, pertaining to Old Khata No. 346, New Khata No. 1166, and Old Plot No. 1222, New Plot No. 2241, situated at Jhanjharpur.

3. Learned counsel for the State has raised an objection and submits that for the redressal of the grievance, the

Patna High Court CWJC No.17027 of 2018(3) dt.24-02-2025 2/2 petitioner has an appropriate remedy before the Collector of the district under the Bihar Privileged Persons Homestead Tenancy Act, 1947 (Bihar Act IV of 1948).

4. In view of the above, the writ petition stands disposed of, directing the petitioner to avail the remedy under the said Act within 30 days from today.

5. It is made clear that upon the filing of a representation by the petitioner, along with a copy of this order, respondent No. 2, namely the District Magistrate, Madhubani, shall pass a reasoned and speaking order within 90 days from the date of completion of the appearance of the concerned parties.

6. With the aforesaid observation and direction, the writ petition stands disposed off.

(Dr. Anshuman, J) Ashwini/- U