Raunak Jahan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24871 of 2018 ====================================================== 1.

Raunak Jahan, wife of Ibrar Alam, resident of village- Hemzapur, Police Station- Amas, District- Gaya.

... ... Petitioner

Versus

1.

The State of Bihar 2.

The Commissioner Magadh Division Gaya 3.

The L.R.D.C. Sherghati, Gaya null null 5.

Md. Sarmad Siddiqui s/o Md. Shamssddi R/o Mohalla- Somali, P.S. Sherghati, District- Gaya ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Md. Javed Jafar Khan, Advocate For the Respondents :

Mr. Raj Kishore Roy GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-12-2022 Heard learned counsel for the parties.

In this case, admitted position is that the impugned order dated 09.03.2018 has been passed by an authority who has no jurisdiction to pass the same.

In such view of the matter, the order dated 09.03.2018 passed by the Deputy Collector, Land Reforms, Sherghati, District- Gaya is quashed as having been passed by an authority without having any jurisdiction. The interim order dated 06.09.2022 passed by this Court is now not required to continue as the writ petition has finally been decided by this Court.

Patna High Court CWJC No.24871 of 2018(4) dt.19-12-2022 2/2 If the parties have any dispute over the right, title and possession of the land in question, they are free to avail the remedy to move the concerned Civil Court for declaration of right, title and possession/recovery of possession over the land in question.

It is clarified that this Court has not gone into the merits of the case.

With the aforesaid observations and directions, this writ petition is allowed.

(Sandeep Kumar, J) Pawan/Guddu U