Naseem Khatoon @ Nasibun Khatoon v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9060 of 2017 ====================================================== Naseem Khatoon @ Nasibun Khatoon W/o Md. Khurshid Alam, Resident of Village Fursatpur, P.O. Fursatpur, P.S. Derni, District- Saran. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector, Saran.

3.

The Deputy Collector, Land Reforms, Sonepur.

4.

The Sub Divisional Officer, Sonepur, Saran.

5.

The Circle Officer, Dariyapur, Saran.

6.

Abdul Aziz, S/o Late Liyakat Miyan, Resident of Village Fursatpur, P.O. Fursatpur, P.S. Derni, District- Saran.

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

For the Petitioner/s :

Mr.Rakesh Ranjan For the Respondent/s :

Mr .Raj Kishore Roy- Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-06-2025 Heard the parties.

2. The present writ petition has been filed for the following reliefs:- "(i) For quashing the impugned order passed by the learned Bihar Land Tribunal in B.L.T. Case No. 685 of 2015.

(ii) For staying the operation of impugned order till final disposal of the instant writ application.

(iii) For granting any other relief(s) which may deem fit and proper by this Hon'ble Court."

3. Though the order in question is short, the facts are

Patna High Court CWJC No.9060 of 2017(3) dt.24-06-2025 2/3 very clear that there is a land, the respondent no. 6, the door of the house of the respondent no. 6 opens, the road is used by public without any authority/law. It has been settled in favour of petitioner in such a way that the access of respondent no. 6 has been blocked.

4. Aggrieved and after losing the matter before the Collector of the District, he moved before the Tribunal which though tried to settle the matter, it been recorded that due to the non-cooperative attitude of the respondent no. 6 the same cannot be settled and accordingly, the claim of the respondent no. 6 is/was allowed. Aggrieved, the present writ petition.

5. Learned counsel for the petitioner though tried to impress upon this Court regarding the illegality of the order, he failed to show the provision that necessarily be given to the exmilitary man's wife. Needless to add, 'the Tribunal' also looked into the matter and directed the respondents to consider the case of the present petitioner, Naseem Khatoon @ Nasibun Khatoon, she being the widow of Ex-Military man and if possible to settle a piece of land with her.

6. If the petitioner has still not being allotted any piece of land despite clear order of 'the Tribunal', she shall be filing a fresh petition before the Collector, Saran at Chapra who

Patna High Court CWJC No.9060 of 2017(3) dt.24-06-2025 3/3 shall ensure that she is allotted a piece of land as per entitlement subject to verification as to whether she owns any land prior to said settlement or not.

7. The writ petition is disposed of with the aforesaid observation.

(Rajiv Roy, J) Ranjeet/- U