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Patna High CourtCWJC/13635/2021disposed

Md. Jamir Ansari v. The State Of Bihar

2025-09-25Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13635 of 2021 ====================================================== Md. Jamir Ansari, Son of Md. Hadis Ansari @ Hadis, Resident of VillageRasulpur Kawa, Anchal- Patepur, P.S.- Baligaon, District- Vaishali at Hazipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reform Department, Government of Bihar, Patna. 2.

The Commissioner, Tirhut Division, Darbhanga. 3.

The District Magistrate, Vaishali at Hajipur. 4.

The Deputy Collector and Land Reforms, Mahua, District Vaishali at Hazipur.

5.

The Circle Officer, Patepur, Vaishali at Hazipur. 6.

The SHO, Baligaon P.S., District- Hazipur at Vaishali. 7.

Md. Saddam Ansari Son of Late Taslim Ansari R/o Village- Rusulpur Kawa, Anchal Patepur, P.S.- Baligaon, District- Vaishali at Hazipur. 8.

Tazu Ansari Son of Late Taslim Ansari R/o Village- Rusulpur Kawa, Anchal Patepur, P.S.- Baligaon, District- Vaishali at Hazipur. 9.

Aftab Ansari Son of Late Taslim Ansari R/o Village- Rusulpur Kawa, Anchal Patepur, P.S.- Baligaon, District- Vaishali at Hazipur. 10.

Mustkim Ansari Son of Late Kasim Ansari @ Monu Ansari R/o VillageRusulpur Kawa, Anchal Patepur, P.S.- Baligaon, District- Vaishali at Hazipur.

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

For the Petitioner/s :

Mr. Umesh Kumar, Adv.

Mr. Abhishek Anand, Adv.

Mr. Sadiq Hasnain, Adv.

Mr. Shubhankar Raj, Adv.

For the Respondent/s :

Mr. Navnit Kumar, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-09-2025 The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking the following reliefs :- i) For issuance of writ in the nature of Mandamus or any other appropriate writ commanding the respondents particularly the Circle Officer, Patepur to comply the order dated

Patna High Court CWJC No.13635 of 2021(3) dt.25-09-2025 2/3 22.12.2020 passed in Bihar Land Dispute Redressal Case No. 01/2019-20 by the Deputy Collector and Land Reform, Mahua, Vaishali, whereby the Circle Officer, Patepur has been directed to get the petitioner to intervene and take possession of the eviction portion by getting the area measured from Amin and establishing a firm cover of the land in question and the SHO, Baligaon is also ordered to cooperate with the Circle Officer, Patepur by staying with the team force during the time of measurement and getting the eviction occupied. The Circle Officer, Patepur keeping in mind that the petitioner is in the safe Raiyati List under BLDR. Be sure to comply as soon as possible.

ii) For issuance of any other appropriate writ, order or direction which your Lordships may deem fit and proper in the facts and circumstances of the case.

2. Mr. Umesh Kumar, learned counsel for the petitioner and Mr. Navnit Kumar, learned AC to GP-18, are present and they are heard.

3. The main grievance raised by the petitioner in this petition is that the Circle Officer, Patepur (respondent No. 5), is not complying with the order dated 22.12.2020 passed in Bihar Land Dispute Redressal Case No. 01/2019-20 (Annexure-3) by the Deputy Collector and Land Reforms (DCLR), Mahua, Vaishali (respondent No. 4), whereby certain directions were given to the Circle Officer, Patepur (respondent No. 5).

Patna High Court CWJC No.13635 of 2021(3) dt.25-09-2025 3/3

4. During the course of argument, it is stated by petitioner's counsel that as per his information, the order of the DCLR, Mahua (respondent No. 4), has got finality as he has not received any kind of notice from any authority against the order dated 22.12.2020. For getting that order implemented/complied with, he has also given an application (Annexure-4) before the Circle Officer, Patepur (respondent No. 5), but even then, no compliance has been made by the Circle Officer, Patepur.

5. On the other hand, learned AC to GP-18 appearing for the State-respondents submits that the petitioner ought to have filed an application for execution of the order dated 22.12.2020 before the DCLR, Mahua (respondent No. 4).

6. Considering all these facts, the DCLR, Mahua (respondent No. 4), is hereby directed to look into the petitioner's matter and ensure the compliance of his own order, if the same has got finality, within six weeks from the date of receipt of a copy of this Court's order or production of the same.

7. Accordingly, with the above direction, the instant writ petition stands disposed of.

(Shailendra Singh, J) annu/- U