Md. Sadik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.423 of 2021 ====================================================== 1.

Md. Sadik S/o Late Abdul Gafoor @ Gafoor, Resident of Village - Bardiha, P.O. Rauta, P.S. Rauta, Anchal - Baisa, District - Purnea - 854315. 2.

Md. Sayem, S/o Md. Sadik @ Sadik, Resident of Village - Bardiha, P.O. Rauta, P.S. Rauta, Anchal - Baisa, District - Purnea - 854315. ... ... Petitioners

Versus

1.

The State of Bihar through the Commissioner, Purnea Division, Purnea. 2.

The Collector, Purnea, District - Purnea.

3.

The In-charge Deputy Collector, District Record-Room, Purnea, District - Purnea.

4.

The Circle Officer, Baisa, Anchal - Baisa, District - Purnea. 5.

Hasibur Rahman, S/o Late Farzand Ali, resident of Village - Khata-toil, P.O. Dhanpatganj, P.S. Rauta, Anchal- Waisa, District - Purnia - 855115. 6.

Jiyaur Rahman, S/o Late Farzand Ali, resident of Village - Khata-toil, P.O.- Dhanpatganj, P.S. Rauta, Anchal- Waisa, District - Purnia - 855115. 7.

Mohibur Rahman, S/o Late Maniruddin, resident of Village - Khata-toil, P.O.- Dhanpatganj, P.S. Rauta, Anchal - Waisa, District - Purnia - 855115. 8.

Izhar Alam, S/o Mazebul, resident of Village - Khata-toil, P.O.- Dhanpatganj, P.S. Rauta, Anchal- Waisa, District - Purnia - 855115. 9.

Mazhar Alam, S/o Mazebul, resident of Village - Khata-toil, P.O.- Dhanpatganj, P.S. Rauta, Anchal - Waisa, District - Purnia - 855115. 10.

Master Munazir, S/o Abdul Hafiz, resident of Village - Bardiha, P.O. Rauta, P.S. Rauta, Anchal - Waisa, District - Purnia - 854315. 11.

Md. Sabir Alam, S/o Abdul Hafiz, resident of Village - Bardiha, P.O. Rauta, P.S. Rauta, Anchal - Waisa, District - Purnia - 854315. 12.

Mazahir Alam, S/o Abdul Hafiz, resident of Village - Bardiha, P.O. Rauta, P.S. Rauta, Anchal - Waisa, District - Purnia - 854315. 13.

Mazhar Alam, S/o Abdul Hafiz, resident of Village - Bardiha, P.O. Rauta, P.S. Rauta, Anchal - Waisa, District - Purnia - 854315. 14.

Nihal Alam, S/o Md. Taiyab, resident of Village - Bardiha, P.O. Rauta, P.S. Rauta, Anchal - Waisa, District - Purnia - 854315. 15.

Azad Alam, S/o Md. Taiyab, resident of Village - Bardiha, P.O. Rauta, P.S. Rauta, Anchal - Waisa, District - Purnia - 854315. 16.

Shahzad Alam S/o Mahboob Alam, resident of Village - Bardiha, P.O. - Rauta, P.S. Rauta, Anchal - Waisa, District - Purnia - 854315. 17.

Md. Tohid Alam, S/o Late Dabiruddin, resident of Village - Bardiha, P.O. Rauta, P.S. Rauta, Anchal - Waisa, District - Purnia - 854315. ... ... Respondents

Patna High Court CWJC No.423 of 2021(8) dt.09-09-2024 2/3 ====================================================== Appearance :

For the Petitioners :

Mr. Rajiv Verma, Sr. Advocate For the Respondents :

Mr. AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-09-2024 Heard Mr. Rajiv Verma, the learned senior counsel for the petitioners, the learned counsel appearing on behalf of private respondent nos. 10 to 16 and the learned counsel appearing on behalf of the State.

2.

The present writ petition has been filed for the following reliefs:

For issuance of appropriate writ or writs, directions or orders, directing the respondents to take appropriate corrective action and to restore the alteration, cutting, overwriting and manipulation admittedly made with the original entry of the Khatiyan or Khata No. 52, 221, 222, 216 and 217 of Mauza- Ufrail, ThanaAmour, District- Purnea, which has illegally been made without there being any order passed by competent authority, and the respondent authorities further be directed to take appropriate action against the persons responsible for the illegal and unauthorized cuttings, alteration and manipulation with the Record-of-Rights maintained in the Circle Office, Baisa, District- Purnea as well as the District Record Room, Purnea, in view of order passed by the Commissioner, Purnea Division, Purnea.

3.

Learned senior counsel for the petitioners submits that in view of the stand taken by the State respondents in their supplementary counter-affidavit vide paragraph no. 5, which states that FIR has been instituted vide K. Hat (Purnea) P.S.

Patna High Court CWJC No.423 of 2021(8) dt.09-09-2024 3/3 Case No. 408 of 2024, dated 20.08.2024 against unknown persons.

4.

In view of the aforesaid, as the grievance of the petitioners has been redressed, hence, this application has become infructuous and learned counsel for the petitioners seek permission to withdraw this application.

5.

Permission, as prayed for, is accorded.

6.

Accordingly, the present application is dismissed as withdrawn.

7.

However, State respondents is directed to complete the investigation in K-Hat (Purnea) P.S. Case No. 408 of 2024 within a period of one year.

(Rajesh Kumar Verma, J) Shahnawaz/- U