Md. Gaisul And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11449 of 2017 ====================================================== 1.

Md. Gaisul and Anr Son of Late Kailu alias Iunnus, 2.

Md. Moseem, Son of Late Kailu alias Iunnus, Both residents of VillageKhaira Gadia, Post Office- Khira, Chanda, Polie Station- Narpatganj, District- Araria.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Araria.

3.

The Circle Officer, Narpatganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the Respondent/s :

None.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-04-2025 No one appears either for the petitioners or the State.

2. The present petition has been preferred for the following relief/s:

(i) for a direction to the Circle Officer to prepare the Khatiyan in favour of the petitioners according to sale deed which has been executed by original tenant namely Reazul, Samardilzan bearing Khata No. 902, Plot No.2921/4776 area 50 decimals which is situated in Mouja Khaira, Thana No. 216 Police Station Narpatganj, District Araria. The petitioners

Patna High Court CWJC No.11449 of 2017(3) dt.22-04-2025 2/3 pray that a direction may be issued to the respondents not to disturb the old possession of the petitioners by any body.

The petitioners further pray that a direction may be given to the respondent authorities to record their name into Register II and other revenue records and the petitioners were/are in possession over the disputed land and they are paying rent to the State of Bihar and the petitioners further pray that a direction may be issued to the Circle Officer, Narpatganj to correct the wrong Plot No. 2921/4775 as correct Plot No.

2921/4776 (Due to mistake in revenue record wrongly mentioned as Plot No.

2921/4775 in place of correct plot no.

2921/4776).

3. The counter affidavit duly filed by the Circle Officer, Narpatganj, Araria is on record. According to which, the Circle Officer has got no jurisdiction to create the record of right in favour of the person and only competent Civil Court is in power to adjudicate the same.

Patna High Court CWJC No.11449 of 2017(3) dt.22-04-2025 3/3

4. Be that as it may, since there is no appearance, the writ petition stands dismissed for non-prosecution. (Rajiv Roy, J) Ravi/- U