Md. Sajir @ Sajir Mian v. Nasir Miyan And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11704 of 2013 MD. SAJIR @ SAJIR MIAN SON OF LATE HABIB MIAN RESIDENT OF VILLAGE NAUTAN HARAIYA, P.O. SAKHEY, P.S. UCHKAGOAN, DISTRICT GOPALGANJ .... .... PETITIONER/S
VERSUS
1. NASIR MIYAN SON OF LATE TABARAK MIAN RESIDENT OF VILLAGE
2. AMIRUL HAQUE SON OF ALI HASSAN RESIDENT OF VILLAGE SALEHPUR, P.S. KUCHAIKOTE, DISTRICT GOPALGANJ
3. GAFFAR SON OF ALI HASSAN RESIDENT OF VILLAGE SALEHPUR, P.S. KUCHAIKOTE, DISTRICT GOPALGANJ
4. ASHARAF SON OF ALI HASSAN RESIDENT OF VILLAGE SALEHPUR, P.S. KUCHAIKOTE, DISTRICT GOPALGANJ
5. MUSTAFA SON OF ALI HASSAN RESIDENT OF VILLAGE SALEHPUR, P.S. KUCHAIKOTE, DISTRICT GOPALGANJ
6. NOOR AAISHA KHATOON DAUGHTER OF ALI HASSAN RESIDENT OF VILLAGE SALEHPUR, P.S. KUCHAIKOTE, DISTRICT GOPALGANJ
7. NASIMUL HAQUE SON OF MD. HASSAN RESIDENT OF VILLAGE SALEHPUR, P.S. KUCHAIKOTE, DISTRICT GOPALGANJ
8. JIYAUDDIN SON OF LATE SK. UMAR ALI RESIDENT OF VILLAGE NAUTAN KHURD, P.S. UCHKAGOAN, DISTRICT GOPALGANJ
9. KALAMUDDIN SON OF LATE SK. UMAR ALI RESIDENT OF VILLAGE NAUTAN KHURD, P.S. UCHKAGOAN, DISTRICT GOPALGANJ
10. ANAWARI KHATOON WIFE OF IBRAHIM MIYAN RESIDENT OF VILLAGE NARAINPUR, P.S. THAWE, DISTRICT GOPALGANJ
11. KAISHARI KHATOON WIFE OF RASHID MIYAN RESIDENT OF VILLAGE KAWAHI, P.S. UCHKAGOAN, DISTRICT GOPALGANJ
12. SHAHIDA KHATOON WIFE OF JAHIRUDDIN RESIDENT OF VILLAGE BRINDAVAN, P.S. THAWE, DISTRICT GOPALGANJ
13. MD. AARIF SON OF ISHRAYAL MIYAN RESIDENT OF VILLAGE MISHRAULI, P.S. PADRAUNA, DISTRICT KUSHI NAGAR (U.P.)
14. BIBI JOHARA WIFE OF KALAMUDDIN RESIDENT OF VILLAGE NAUTAN NARAIYA, P.S. UCHKAGOAN, DISTRICT GOPALGANJ
15. ASHGARI KHATOON WIFE OF SHEIKH KAMIL RESIDENT OF VILLAGE MISHRAULI, P.S. PADRAUNA, DISTRICT KUSHI NAGAR (U.P.)
16. BIBI SARWAN WIFE OF JAINUL MIYAN RESIDENT OF VILLAGE NAWADA, P.S. UCHKAGOAN, DISTRICT GOPALGANJ
17. KAMIL MIYAN SON OF AHMAD MIYAN RESIDENT OF VILLAGE
18. BIBI SAIKUL NESSA WIFE OF AHMAD MIYAN RESIDENT OF VILLAGE NAUTAN HARAIYA, P.S. UCHKAGOAN, DISTRICT GOPALGANJ
19. SHEIKH JAHANGIR SON OF SHEIKH WELAYAT MIYAN RESIDENT OF
20. SHAYADA KHATOON WIFE OF SHEIKH SAGIR RESIDENT OF
21. MAKSUD ALAM SON OF SHEIKH SAGIR RESIDENT OF VILLAGE
22. SHEIKH SAKIR SON OF SHEIKH SAGIR RESIDENT OF VILLAGE
23. SHEIKH SOHRAB SON OF SHEIKH SAGIR RESIDENT OF VILLAGE
24. NASIMA KHATOON WIFE OF SHEIKH SERAJUDDIN RESIDENT OF
25. GULAB MIYAN SON OF SHEIKH SERAJUDDIN RESIDENT OF
26. JAHARUL HASSAN SON OF SHEIKH SAMSUL HODA RESIDENT OF
27. MOJIBUL RAHMAN SON OF SHEKH SAMSUL HODA RESIDENT OF
28. NIJAMUDDIN SON OF LATE HABIB RESIDENT OF VILLAGE
29. SHAHABUDDIN SON OF SHEIKH NOOR SAHID RESIDENT OF
30. FARAJ SON OF SHEIKH NOOR SAHID RESIDENT OF VILLAGE
31. ATAHAR HUSSAIN SON OF SHEIKH NOOR SAHID RESIDENT OF
32. SHEIKH HAZARAT SON OF SHEIKH NOOR SAHID RESIDENT OF
33. SHEIKH MAINUDDIN SON OF SHEIKH NOOR SAHID RESIDENT OF
34. SAHJADI KHATOON DAUGHTER OF LATE ALI RAJA RESIDENT OF
35. SULAI KHATOON DAUGHTER OF LATE ALI RAJA RESIDENT OF
36. GURIA KHATOON DAUGHTER OF LATE ALI RAJA RESIDENT OF
37. MOHMMAD RAJA SON OF LATE SHEIKH MAHBOOB RESIDENT OF
38. ALI IMAM SON OF LATE REYAZUL RESIDENT OF VILLAGE
39. NAJARE IMAM SON OF LATE REYAZUL RESIDENT OF VILLAGE
40. FAJALE IMAM SON OF LATE REYAZUL RESIDENT OF VILLAGE
41. ZAFFAR IMAM S/O LATE REYASUL RESIDENT OF VILLAGE
42. KAMRUH NESHA WIFE OF NIJAMUDDIN DAUGHTER OF LATE REYAZUL RESIDENT OF VILLAGE NABIGANJ, P.S. SIWAN DISTRICT SIWAN
43. ROSANI KHATOON WIFE OF AFJAL ALAM DAUGHTER OF LATE REYAZUL RESIDENT OF VILLAGE NABIGANJ, P.S. SIWAN DISTRICT SIWAN
44. GULSAN KHATOON WIFE OF PARWEZ DAUGHTER OF LATE REYAZUL RESIDENT OF VILLAGE NABIGANJ, P.S. SIWAN DISTRICT SIWAN
45. RUSTAM SON OF LATE SHEIKH AMIR RESIDENT OF VILLAGE NIKI CHHAPRA, P.S. BARHARIA, DISTRICT SIWAN
46. MAZID SON OF LATE SHEIKH AMIR RESIDENT OF VILLAGE NIKI CHHAPRA, P.S. BARHARIA, DISTRICT SIWAN
47. WAZID SON OF LATE SHEIKH AMIR RESIDENT OF VILLAGE NIKI CHHAPRA, P.S. BARHARIA, DISTRICT SIWAN
48. BIBI TASLIMA WIFE OF LATE JAYEED RESIDENT OF VILLAGE NIKI CHHAPRA, P.S. BARHARIA, DISTRICT SIWAN
49. SHEIKH AFASANA (MINOR) DAUGHTER OF LATE SHEIKH JALLAL RESIDENT OF VILLAGE NAWADA PARSAUNI, P.S. UCHKAGOAN, DISTRICT GOPALGANJ
50. REHANA KHATOON WIFE OF SHER MOHAMMAD RESIDENT OF VILLAGE NAWADA PARSAUNI, P.S.
UCHKAGOAN, DISTRICT GOPALGANJ
51. BIBI MALARI WIFE OF UNKNOWN RESIDENT OF VILLAGE RAMPUR, P.S. KUCHAIKOTE, DISTRICT GOPALGANJ
52. SHEIKH ISRAIL SON OF LATE SHEIKH BILAL RESIDENT OF VILLAGE
53. SHEIKH SHAMSUDDIN SON OF RAJA HUSSAIN RESIDENT OF
54. ANWAR HUSSAIN SON OF LATE NIZAMUDDIN RESIDENT OF
55. BIBI NOOR JAHAN WIFE OF MAINUDDIN RESIDENT OF VILLAGE TRILOKPUR, P.S. UCHKAGOAN, DISTRICT GOPALGANJ
56. SAKIR HUSSAIN SON OF LATE SHEIKH KITAB ALI RESIDENT OF
57. BASIR HUSSAIN SON OF LATE SHEIKH KITAB ALI RESIDENT OF
58. JULFIKAR HUSSAIN SON OF LATE SHEIKH KITAB ALI RESIDENT OF
59. JAGDISH SAH SON OF LATE HARHANGI SAH RESIDENT OF VILLAGE
60. KHAIRUN NESA WIFE OF LATE ISHA MIAN RESIDENT OF VILLAGE NAUTAN HARAIYA, P.O. SHANKHEY KHAS, P.S. UCHKAGOAN, DISTRICT GOPALGANJ
61. EKBAL ALAM @ DARA SON OF LATE ISHA MIAN RESIDENT OF VILLAGE NAUTAN HARAIYA, P.O.
SHANKHEY KHAS, P.S.
UCHKAGOAN, DISTRICT GOPALGANJ
62. ABRE ALAM SON OF LATE ISHA MIAN RESIDENT OF VILLAGE NAUTAN HARAIYA, P.O. SHANKHEY KHAS, P.S. UCHKAGOAN, DISTRICT GOPALGANJ
63. SHAH ALAM SON OF LATE ISHA MIAN RESIDENT OF VILLAGE NAUTAN HARAIYA, P.O. SHANKHEY KHAS, P.S. UCHKAGOAN, DISTRICT GOPALGANJ
64. BASIR MIYAN SON OF LATE ISHA MIAN RESIDENT OF VILLAGE NAUTAN HARAIYA, P.O. SHANKHEY KHAS, P.S. UCHKAGOAN, DISTRICT GOPALGANJ
65. MAZURUN NESHA WIFE OF ALLAUDDIN DAUGHTER OF LATE ISHA MIAN RESIDENT OF VILLAGE JAGARNATHA, P.S. MANJHAGARH, DISTRICT GOPALGANJ
66. NOOR JAHAN WIFE OF MD. KADIR DAUGHTER OF LATE ISHA MIAN RESIDENT OF VILLAGE MISHRAULI, P.S. JADOPUR PADRAUNA, DISTRICT KUSHI NAGAR (U.P.)
67. MOHAMMAD ALAM SON OF NAJIR MIYAN RESIDENT OF VILLAGE NAUTAN HARAIYA, P.O. SHANKHEY KHAS, P.S. UCHKAGOAN, DISTRICT GOPALGANJ
68. BAHISTUN NEESHA WIFE OF MOBIN ALAM RESIDENT OF VILLAGE MAHUWAN, P.S. KUCHAIKOTE, P.O. SASAMUSA, DISTRICT GOPALGANJ
69. NAYEE KHATOON WIFE OF NASARULLAH RESIDENT OF VILLAGE BHIBHERAWA, P.O. AND P.S. GOPALGANJ, DISTRICT GOPALGANJ
70. SARFUN NESSA WIFE OF JAHARUDDIN RESIDENT OF VILLAGE BEDU TOLA, P.O. AND P.S. THAWE, DISTRICT GOPALGANJ
71. SHEIKH ANWAR SON OF ISRAIL MIYAN RESIDENT OF VILLAGE
MISHRAULI, P.S. PADRAUNA, DISTRICT KUSHI NAGAR (U.P.)
72. SHEIKH ABRAR SON OF ISRAIL MIYAN RESIDENT OF VILLAGE MISHRAULI, P.S. PADRAUNA, DISTRICT KUSHI NAGAR (U.P.)
73. ABDUL KAYUM SON OF AHMAD MIYAN RESIDENT OF VILLAGE
74. SHAYADA KHATOON WIFE OF SHEIKH SAGEER RESIDENT OF
75. MAKSUD ALAM SON OF SHEIKH SAGEER RESIDENT OF VILLAGE
76. SHEIKH IBRAHIM SON OF WOLAYAT HUSSAIN RESIDENT OF
77. BIBI SABRA KHATOON WIFE OF RAHMTULLAH MIYAN RESIDENT OF VILLAGE HARDIA, P.S. THAWE, DISTRICT GOPALGANJ
78. JAHARUL HASSAN SON OF SAMSUL HAQUE RESIDENT OF VILLAGE DUMARIA, P.O. SHANKHEY, P.S. UCHKAGOAN, DISTRICT GOPALGANJ
79. MAJABUL RAHMAN SON OF SAMSUL HAQUE RESIDENT OF VILLAGE DUMARIA, P.O. SHANKHEY, P.S. UCHKAGOAN, DISTRICT GOPALGANJ
80. JUMAN MIYAN SON OF ALIRAJA MIYAN RESIDENT OF VILLAGE DUMARIA, P.S. UCHKAGOAN, P.O. SHANKHEY, DISTRICT GOPALGANJ
81. GURIA KHATOON DAUGHTER OF JUMAN MIYAN RESIDENT OF VILLAGE DUMARIA, P.S. UCHKAGOAN, P.O. SHANKHEY, DISTRICT GOPALGANJ
82. SAHEB JAN SON OF SHEIKH JALLAL RESIDENT OF VILLAGE DUMARIA, P.S. UCHKAGOAN, P.O. SHANKHEY, DISTRICT GOPALGANJ
83. ALIJAN SON OF SHEIKH JALLAL RESIDENT OF VILLAGE DUMARIA, P.S. UCHKAGOAN, P.O. SHANKHEY, DISTRICT GOPALGANJ
84. RABEYA KHATOON WIFE OF JABBAR RESIDENT OF VILLAGE DUMARIA, P.S. UCHKAGOAN, P.O. SHANKHEY KHAS, DISTRICT GOPALGANJ
85. ABDULLAH SON OF USMAN GANI RESIDENT OF VILLAGE DUMARIA, P.S. UCHKAGOAN, P.O. SHANKHEY KHAS, DISTRICT GOPALGANJ
86. MAINULLAH SON OF USMAN GANI RESIDENT OF VILLAGE DUMARIA, P.S. UCHKAGOAN, P.O. SHANKHEY KHAS, DISTRICT GOPALGANJ
87. ISRAFIL SON OF BEKEDAN RESIDENT OF VILLAGE DUMARIA, P.S. UCHKAGOAN, P.O. SHANKHEY KHAS, DISTRICT GOPALGANJ
88. MOHAMMAD RAJA SON OF BEKEDAN RESIDENT OF VILLAGE DUMARIA, P.S. UCHKAGOAN, P.O. SHANKHEY KHAS, DISTRICT GOPALGANJ
89. MURTUJA SON OF MUSTAFA RESIDENT OF VILLAGE DUMARIA, P.S. UCHKAGOAN, P.O. SHANKHEY KHAS, DISTRICT GOPALGANJ
90. HASIM SON OF JAMIL RESIDENT OF VILLAGE DUMARIA, P.S. UCHKAGOAN, P.O. SHANKHEY KHAS, DISTRICT GOPALGANJ
91. HASMUDDIN SON OF JAMIL RESIDENT OF VILLAGE DUMARIA, P.S. UCHKAGOAN, P.O. SHANKHEY KHAS, DISTRICT GOPALGANJ
92. MAINUDDIN SON OF JAMIL RESIDENT OF VILLAGE DUMARIA, P.S. UCHKAGOAN, P.O. SHANKHEY KHAS, DISTRICT GOPALGANJ
93. YAINUDDIN SON OF JAMIL RESIDENT OF VILLAGE DUMARIA, P.S. UCHKAGOAN, P.O. SHANKHEY KHAS, DISTRICT GOPALGANJ .... .... RESPONDENT/S Appearance :
For the Petitioner/s : Mr.
For the Respondent/s : Mr.
CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 26-09-2016 Heard learned counsel for the petitioner and the learned counsel for the respondents.
2. This application, filed on behalf of the petitioner, under Article 227 of the Constitution of India, is directed against the order dated 06.03.2013 passed in Title Appeal No. 67 of 2012 by the Adhoc Additional District Judge-5th, Gopalganj, whereby the service report of summons in respect to respondent nos. 2 and 4, namely, Eqbal Alam and Sah Alam was declared valid due to acceptance of their summons by respondent no. 3, Abre Alam.
3. I find no illegality in the impugned order amounting to an abuse of the process of the court for interference in an extra-ordinary jurisdiction under Article 227 of the Constitution of India.
4. Accordingly, this writ application stand dismissed. (Rajendra Kumar Mishra, J) Bhardwaj/- AFR/NAFR CAV DATE Uploading Date 29.09.2016 Transmission Date