Moinuddin Ahmed @ Mainuddin Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2665 of 2026 ====================================================== Moinuddin Ahmed @ Mainuddin Ahmad Son of Late Akbar Hussain, Resident of Village- Chhawahi Takki, P.S.- Manjhagarh, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Collector, Gopalganj.

3.

The Additional Collector, Gopalganj.

4.

The Deputy Collector Land Reforms, Gopalganj. 5.

The Circle Officer, Manjhagarh, Gopalganj.

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

For the Petitioner/s :

Mr. Najib Ahmed, Advocate Mr. Thakur Brajesh Singh, Advocate For the State :

Mr. Sajid Salim Khan, Standing Counsel (25) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-02-2026 Heard Mr. Najib Ahmed along with Mr. Thakur Brajesh Singh, learned counsels appearing on behalf of the petitioner and Mr. Sajid Salim Khan, learned Standing Counsel

(25) for the State.

2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia the following relief(s), which is reproduced hereinafter:- "a. For issuance of an appropriate writ, order or direction, particularly a writ in the nature of Mandamus, restraining the respondent authorities from dispossessing the petitioner from the land bearing Thana No. 209, Khata No. 143, Khesra No. 458, total area measuring 1 bigha 7 katha 7 dhur, situated at village Bharkuiyan, P.S.-Manjhagarh, District-Gopalganj (hereinafter referred as the land in question), during the pendency of the petitioner's

Patna High Court CWJC No.2665 of 2026(2) dt.19-02-2026 2/3 Jamabandi Cancellation Appeal dated 22.01.2026 before the Court of the Collector, Gopalganj, preferred against the order dated 02.01.2026, passed by the Additional Collector, Gopalganj, in Jamabandi Cancellation Case No. 118/2025-2026. b. For issuance of an appropriate writ, order or direction restraining the respondent authorities from creating any third-party interest, transferring, alienating, or otherwise dealing with the land in question in any manner whatsoever during the pendency of the aforesaid appeal, as any such action would be illegal, arbitrary, and violative of the principles of natural justice.

C. For issuance of an appropriate writ, order or direction to the respondent Collector, Gopalganj, to hear the aforesaid appeal of the petitioner on priority basis.

d. For issuance of any other relief(s) to which the petitioner may be entitled to in the facts and circumstances of the case."

3. Learned counsel appearing on behalf of the petitioner informs that against the order dated 02.01.2026 passed by the Additional Collector, Gopalganj in Jamabandi Cancellation Case No. 118/2025-26, the petitioner has already preferred appeal before the District Magistrate-cum-Collector, Gopalganj on 22.01.2026, however, the same has not been entertained till date.

4. In such circumstances, the District Magistratecum-Collector, Gopalganj, is directed to exercise his jurisdiction forthwith to consider the grievance of the petitioner, who has been able to make out a case for interference with the order dated 02.01.2026 passed by the Additional Collector, Gopalganj in Jamabandi Cancellation Case No. 118/2025-26 and ensure

Patna High Court CWJC No.2665 of 2026(2) dt.19-02-2026 3/3 that till he passes the order in Appeal filed by the petitioner, the Circle Officer concerned must not act without his jurisdiction.

5. In case of any further delay, this Court will take action to pass appropriate order against him as and when the occasion arises.

6. With aforesaid observation/direction, the present application stands disposed of.

(Purnendu Singh, J) Niraj/- U