Saida Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6638 of 2022 ====================================================== Md. Aftab Alam Son of late Saida Khatoon and late Md. Suleman Mian Resident of Rajgir Bangali Pada, P.S. Rajgir, District Nalanda(Biharsharif). ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Collector, Nalanda (Biharsharif).

4.

The Additional Collector, Nalanda (Biharsharif). 5.

The Deputy Collector, Rajgir, Nalanda (Biharsharif). 6.

The Additional Registrar, Rajgir, Nalanda (Biharsharif). 7.

The Circle Officer, Rajgir, Nalanda (Biharsharif). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kishore Verma, Adv.

For the Respondent/s :

Mr.Raj Kishore Roy, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-09-2023

1. The present writ petition has been filed seeking the following relief(s):- "1.(A) For issuance of appropriate writ(s) or direction(s) in the nature of certiorari for quashing the entire proceedings of Jamabandi Cancellation Case No. 36 of 2021 pending before respondent no. 3 as also for quashing the notice dated 13.10.2021 issued in the above case from the office of respondent no. 3 under the signature of respondent no. 5 (Annexure 8) and for quashing the letter bearing Memo No.

2965/jk0 dated 22.09.2021 of respondent no. 4 on production as the entire proceeding and the

Patna High Court CWJC No.6638 of 2022(3) dt.05-09-2023 2/2 notice is wholly without jurisdiction, an abuse of the process of the court and barred by principles of res-judicata in view of the admitted materials on the record.

(B) For issuance of the order(s)/writ(s)/direction(s) directing the state authorities not to make interference in any manner in the enjoyment of the properties in question of the petitioner including the enjoyment of settled possession thereof except under the decree of the competent civil court."

2. At the outset, the learned counsel for the respondent-State has submitted by referring to the counter affidavit, filed in the present case, that the Jamabandi Cancellation Case No.36 of 2021, initiated against the original petitioner has already been dropped, hence nothing survives for consideration in the present writ petition.

3. The said factual position is not disputed by the learned counsel for the petitioner.

4. Accordingly, the present writ petition stands disposed off having been rendered infructuous. (Mohit Kumar Shah, J) sonal/- U