Md. Habib @ Habib And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3375 of 2016 ====================================================== 1.

Md. Habib @ Habib Son of Late Jainul 2.

Md. Jasim Son of Late Jainul 3.

Md. Nasumuddin Son of Late Jainul.

4.

Md. Ajay Rizwi Son of Md. Anwarul Haque 5.

Md. Shoaib Son of Md Anwarul Haque.

6.

Haji Basirul @ Basiruddin Son of Late Haji Ulfat Hussain 7.

Abdur Rajaque Son of Alabaksh. Resident of Village- Khiradaha Tola, Bhebhra, P.S. Jokihat Distt.- Araria, Petitioner no. 1 -6 Resident of Village Khirdha Tola Boriya, P.S. Jokihat District- Araria. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

D.C.L.R. Land reform Deputy Collector Araria District Araria. 3.

The Circle Officer Jokihat, P.S. Jokihar District- Araria. 4.

Md. Ahmarul Haque Son of Late Najmul Haque 5.

Md. Ekhalakhe Son of Late Najmul Haque 6.

Mohammad Alam Son of Late Najmul Haque 7.

Md. Matin Alam @ Matin Son of Late Najmul Haque Respondent 4 to 7 Resident of Village Khirdaha Tola Boriya, P.S. Jokihat, District- Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the Respondent/s :

Mr.Manikant Mishra- Gp25 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-07-2025 No one appears on behalf of the petitioners though the State is present.

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

(i) for issuance of an appropriate writ/writs in the nature of Mandamus commanding/ direction to the respondent who passed illegal order against the petitioner in case

Patna High Court CWJC No.3375 of 2016(2) dt.15-07-2025 2/2 no.01 of 2010-11 dated 02.04.11 whereby D.C.L.R. Araria directed to respondent no.3, Circle Officer, Jokihat to remove the land of the respondent from petitioner illegally;

(ii) for that Circle Officer, Jokihat illegally directed to petitioner his own land purchased by petitioner from the father and Uncle of Respondent no.7 through different registered sale deeds;

(iii) any other relief or reliefs be also granted to the petitioner from which he is found to entitle in the fact and circumstances of the case.

3. Learned State counsel with the help of the counter affidavit submits that against the order passed by the concerned respondent, the petitioners had alternative remedy but they have come before this Court.

4. Be that as it may, since there is no appearance, the writ petition is dismissed for non-prosecution. (Rajiv Roy, J) Ravi/- U