Khursheed Khan And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16486 of 2015 ====================================================== 1.

Khursheed Khan.

2.

Shamshad Khan Both Sons of Late Sadik Khan and both Residents of Village- Kalyanpur, P.S. Siwan Mufassil, District- Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Collector, Siwan.

3.

The Additional Collector, Siwan.

4.

The Sub-Divisional Offcer, Siwan.

5.

The Deputy Collector, Land Reforms, Siwan.

6.

The Circle Officer, Panchrukhi Circle, Panchrukhi, Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Pandey, Adv.

For the Respondent/s :

Mr. Kinkar Kumar, SC-9.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-08-2023 Learned counsel for the petitioners and learned counsel for the State are present.

2. The present Writ Petition has been filed for quashing of notice dated 23.07.2015 issued vide letter no.827 by respondent no.6, by which the cancellation of Jamabandi of land of petitioner has been recommended.

3. Learned counsel for the State raised preliminary objection that only notice has been issued to the petitioner and vide order dated 23.02.2006 which is annexed Annexure-A of the counter affidavit, the Jamabandi No.39 & 49 of the land in question was recommended for cancellation in Compliance of

Patna High Court CWJC No.16486 of 2015(2) dt.25-08-2023 2/2 the decision passed by this Hon'ble Court in C.W.J.C. No.4677 of 1995 as the Collector has passed order in Case No.310 of 1996-97 by which recommendation for cancellation was made.

4. In the light of the submissions made above, it transpires to this Court that only notice has been issued to the petitioner granting opportunity to defend and, as such, this Court is not inclined to grant any relief to the petitioner.

5. In this view of the matter, the petitioner is directed to appear before the Circle Officer, Panchrukhi Circle, Panchrukhi, Siwan in compliance of said notice dated 23.07.2015 which is under challenge and raise all his points which he has raised in the present writ petition within eight weeks alongwith the copy of the order passed by this Court and the Circle Officer, Panchrukhi Circle, Panchrukhi, Siwan is directed to decide the matter considering all the documents placed before him within ten weeks thereafter if the claim of petitioners still survives.

6. With this observation and direction, the present Writ Petition stands disposed off.

(Dr. Anshuman, J.) Ritik/- U