Md. Hashim, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9928 of 2025 ====================================================== Md. Hashim, Son of Md. Abul Quais, resident of village- Simariya, Police Station- Kajraili, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate-cum-Collector, Bhagalpur. 3.

The Additional Collector, Bhagalpur.

4.

The Deputy Collector Land Reforms (D.C.L.R.) Sadar, Bhagalpur. 5.

The Circle Officer, Jagdishpur, Bhagalpur.

6.

The S.H.O., Kajraili Police Station, Kajraili, Bhagalpur. 7.

Smt. Archana Surya, Wife of Sri Subhash Surya, resident of Mohalla- Tilka Manjhi, near Telephone Exchange Office, Police Station- Tilka Manjhi, District- Bhagalpur.

8.

Bibi Shamima Khatoon, Wife of Md. Saud @ Md. Saudul Haque, resident of village- Simaria, Police Station- Nathnagar, now Police Station- Kajraili, District- Bhagalpur.

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

For the Petitioner/s :

Mr. Md. Najmul Hodda, Advocate For the Respondent/s :

Mr. Kumar Alok, SC-07 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-06-2025 Heard the parties.

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

"I. For issuance of a writ of certiorari or any other writ, order or direction to quash the order dated 10.05.2019 in L.C. Case No. 04/10-11 under section 16(3) of Bihar Land Reforms passed by respondent no. 4 The Deputy Collector Land

Patna High Court CWJC No.9928 of 2025(2) dt.30-06-2025 2/3 Reforms, Sadar Bhagalpur by which he has most arbitrarily and quite erroneously disposed off the above case and directed to return back amount to the petitioner in view of Government Notification dated 05.04.2019 contained in Letter No. 235(8) issued by the Secretary Department of Revenue and Land Reforms, Bihar, Patna, as the 16(3) of Bihar Land Reforms Act has been repeated and the entire proceeding under section 16(3) of the Act deemed to be abated.

II. For issuance of a writ of mandamus or any other appropriate writ, order or direction commanding the respondent authorities to grant stay of the operation of enforcement of sale deed dated 20.07.2010 vide sale deed no. 11499, which has been executed by the private respondent no. 8 in favour of respondent no. 7 with respect to khata no. 329, khesra no. 45 measuring 19 decimal at Mauja Simariya Block Jagdishpur, Bhagalpur.

III. For issuance of an appropriate writ, order or direction restraining the private respondent no. 7 from interfering in the peaceful

Patna High Court CWJC No.9928 of 2025(2) dt.30-06-2025 3/3 possession and occupation of the petitioner upon the land in question as the respondent nos. 5 and 6 the C.O. Jagdishpur and S.H.O., Kajraili bent upon to dispossess the petitioner.

IV. For any other appropriate relief reliefs for which the petitioner may be deemed entitled."

3. After some arguments, learned counsel for the petitioner prays for withdrawal of the petition to seek alternate remedy.

4. Granting said liberty, the writ petition stands disposed of.

(Rajiv Roy, J) Adnan/- U