Mohammad Tashkeel Kaifi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9331 of 2023 ====================================================== 1.

Mohammad Tashkeel Kaifi, Son of Late S.M. Zaheer Alam, Resident of at and P.O.- Mahua Mukundpur, P.S.- Mahua, District- Vaishali. 2.

S.M. Naiyer Imam, Son of S.M. Zareef, Resident of at and P.O. Bahera, District- Darbhanga, At present residing at 101-B, Hytech Castle Apartment, Road No.3, New Patliputra Colony, P.S.- Patliputra, District- Patna. 3.

Dr. S.M. Naqui Imam, Son of Late S.M. Zareef, Resident of At and P.P.- Bahera, District- Darbhanga, At present, Patliputra Road No.1, House No.47, New Colony, P.S.- Patliputra, District- Patna. 4.

Hafiz Tauquir Saifi @ Tauquir Saifi, Son of Late S.M. Zaheer Alam, Resident of At and P.O.- Mahua, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Land Reforms and Revenue Department, Old Secretariat, Patna.

2.

District Magistrate, Patna.

3.

Additional Collector Revenue, Patna,District- Patna. 4.

Deputy Collector Land Reforms, Patna Sadar, District- Patna. 5.

Circle Officer, Patna.

6.

S.M. Zafar Imam, Son of Late S.M. Zareef, resident of at and P.O.- Bahera, District- Darbhanga. At present residing at Renter of Road No.1, House No.47, New Patliputra Colony, P.S.- Patliputra, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pratap Sharma, Advocate For the Respondent/s :

Mr.Sajid Salim Khan ( SC 25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for quashing/cancelling Jamabandi No. 15783 for 6.25 decimal of land appertaining to Khata No. 726 and 45, Khesra Nos. 980 and 981 situated in Patna Sadar Circle which was alleged to be

Patna High Court CWJC No.9331 of 2023(2) dt.08-08-2023 2/2 created on the basis of forged and fabricated documents in favour of private respondent No.5 in Mutation Case No. 703/1 of 2013-14.

3. Learned counsel for the State submits that the statutory remedy is already available to the petitioner under Section 9 of the Bihar Land Mutation Act, 2011 (Bihar Act 23, 2011) and without exhausting the said remedy, the petitioner has directly come before the this Court.

4. In this background, this writ petition stands disposed of directing the petitioner to avail his remedy under Section 9 of the Bihar Land Mutation Act, 2011. (Dr. Anshuman, J) Ashwini/- U