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Patna High CourtCWJC/5768/2019dismissed

Nand Deo Mandal And ORS v. The State Of Bihar And ORS

2025-06-26Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5768 of 2019 ====================================================== 1.

Nand Deo Mandal Son of Late-Doman Mandal Resident of VillageShekhpura (Jagu Tola), P.S.-Bhawanipur, District-Purnea 2.

Lal Mohan Mandal Son of Late Doman Mandal Resident of VillageShekhpura (Jagu Tola), P.S.-Bhawanipur, District-Purnea 3.

Laxman Mandal Son of Late Doman Mandal Resident of Village- Shekhpura (Jagu Tola), P.S.-Bhawanipur, District-Purnea 4.

Shambhu Mandal Son of Late Chamak Lal Mandal Resident of VillageShekhpura (Jagu Tola), P.S.-Bhawanipur, District-Purnea 5.

Jay Dev Mandal Son of Late-Chamak Lal Mandal Resident of VillageShekhpura (Jagu Tola), P.S.-Bhawanipur, District-Purnea 6.

Bhup Lal Mandal Son of Late-Doman Mandal Resident of VillageShekhpura (Jagu Tola), P.S.-Bhawanipur, District-Purnea ... ... Petitioner/s

Versus

1.

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

the Collector, Purnea 3.

The Additional Collector, Purnea 4.

The Deputy Collector, Land Reform, Dhamdaha Purnea 5.

The Circle Officer, Bhawanipur Purnea 6.

Kamleshwari Sah Son of Late Lakru Prasad Sah Resident of Village- Kamla Kund, P.S.-Bhawanipur, District-Purnea ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Anand, Advocate For the State :

Mr. Sajid Salim Khan (SC-25) For the Resp. no.6 :

Mr. Gyanand Roy, Advocate Ms. Akanksha Malviya, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-06-2025 Heard learned counsel for the petitioner, learned Senior counsel for the State and learned counsel for private respondent no.6.

2. The present writ petition has been filed for the

Patna High Court CWJC No.5768 of 2019(5) dt.26-06-2025 2/3 following relief/s:- "I. For quashing of the order dated 31.08.2018 passed in B.L.T. Case No.86 of 2018 by Hon'ble Member Judicial, Bihar Land Tribunal, Patna whereby and where under, he has pleased to affirm the order dated 14.10.2017 passed by the Additional Collector, Purnea in Mutation Revision Case No.23 of 2015-16.

II. For quashing of the order dated 14.10.2017 passed by the Additional Collector, Purnea in Mutation Revision Case No.23 of 2015-16 along with the order dated 22.04.2015 passed by the Deputy Collector, Land Reform, Dhamdaha, Purnea in Mutation Appeal No.3 of 2003-04 as well as the order dated 21.11.2002 passed by the Circle Officer, Bhawanipur, Purnea in Mutation Case No.78 of 2002-03.

III. For any other relief(s) for which the petitioner is entitled for."

3. It has been jointly submitted by the parties that the dispute is relating to Plot no.1005 which was admittedly purchased by the petitioners and the private respondent both. A title suit is pending bearing Title Suit No. 8 of 2020 after the order passed in B.L.T. Case No.86 of 2018 dated 31.08.2018 which is impugned here, between petitioner and respondent no.6.

Patna High Court CWJC No.5768 of 2019(5) dt.26-06-2025 3/3

4. It transpires to this Court that the validity of sale deed cannot be tested by the Revenue Courts and it can only be tested by the competent Civil Court and due to this reason, this Court finds that there is no need of any interference in the order passed by the Member Judicial, Bihar Land Tribunal, Patna in B.L.T. Case No.86 of 2018 dated 31.08.2018. Hence, this writ petition is hereby dismissed.

(Dr. Anshuman, J) Divyansh/- U