Md. Minhaj v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22561 of 2012 ====================================================== Md. Minhaj, Son Of Late Md. Bakruddin, Resident Of Village/MohallaNasirganj (Choudhary Mohalla) Ward No. 23 (New 26), P.O.- Katihar, P.S.- Katihar, District- Katihar .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Collector, Katihar

3. The Additional Collector, Katihar

4. The Land Reforms Deputy Collector, Katihar

5. The Circle Officer, Katihar

6. The Superintendent, Municipality Survey, Katihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Anisur Rahman For the Respondent/s : Mr. Kumar Pankaj, AC to SC-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 16-10-2015 Heard the parties.

The present writ petition has been filed on behalf of the petitioner seeking a direction to the respondents to enter his name in the record of rights with respect to the lands in question mentioned in para 1 of the writ petition.

Indisputably, in the continuous khatiyan, as contained in Annexure-3, the lands in question have been recorded in the name of State of Bihar. That being the factual position, the relief sought for on behalf of the petitioner is completely misconceived. The only remedy available to him is to approach the Civil Court of competent jurisdiction for getting his right and title declared over the lands in question after impleading all the necessary parties including the State of Bihar and its functionaries. The writ petition is devoid of merit, and is, accordingly, dismissed.

Arvind/- (Birendra Prasad Verma, J) U