Mohd. Rafi Uddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12438 of 2025 ====================================================== Mohd. Rafi Uddin Son of Mohd. Zaki Uddin Resident of Near Jama Masjid, Ward No.4, Baro Milky Tola, P.O.- Baro, P.S. - Phulwaria, District- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2.

The Additional Chief Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna 3.

The District Magistrate, Begusarai 4.

The Addl. Deputy Collector, Begusarai 5.

The Sub Divisional Officer, Teghra, Begusarai 6.

The Deputy Collector of Land Reforms, Teghra, Begusarai 7.

The Circle Officer, Teghra, Begusarai 8.

The Circle Inspector, Teghra, Begusarai 9.

The Revenue Halka Karamchari, Teghra, Begusarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Praveen For the State :

Mr. Sumant Kumar Singh, A.C to G.A 2, Vinay Kirti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 04-08-2025 In the instant petition, petitioner has prayed for the following relief:- For the issuance of appropriate writs/writs order/orders direction/directions to the concerned Respondent authorities to immediately take action on the application dated 02.04.2025 (Annexure-3) filed by the petitioner before the concerned respondents for declaration of Title on the land upon which petitioner and her family members are residing for last several decades in the light of Gazette publication dated 11.11.2014 (Annexure-1) issued by the Revenue and Land Reforms Department of the state govt. regarding declaration of title of the tenants on the basis of possession over the land for more than 30 years.

Patna High Court CWJC No.12438 of 2025 dt.04-08-2025 2/3 B) For direction to the respondent concerned to decide the issue raised by the petitioner expeditiously and after completing the all formalities and to enter his name in Jambandi Register and to issue revenue receipt of the said land within a reasonable period.

C) For any other relief/reliefs to which the petitioner is found entitled under the facts and circumstances of the present case.

2. Learned counsel for the petitioner submits that ancestor of petitioner constructed a residential house and started living on the land appertaining to khata no.550, Khesra no. 1864 and 1876, area 16 katha 12 dhurs situated at Mauja-Mohammadpur Baro, Thana373, Tauzi-2948. It is further submitted that petitioners' ancestors were residing on the said land for last decades without any objection and complaint from the State Government. The gazette publication dated 11.11.2024 was issued by the Revenue and Land Reforms Department of the State Government in connection with declaration of title of the tenants on the basis of possession over the land for more than 30 years. A copy of the said gazette publication dated 11.11.2014 is annexed as Annexure-1.

It is submitted that the grievance of the petitioner for declaration of title in his favour is squarely covered by Annexure-4 series and he has referred a judgment of co-ordinate Bench of this Court passed in CWJC No. 6468 of 2020 in which direction was given to the concerned Circle officer to consider and dispose of the petitioner's representation. Learned counsel further submits that the present matter is identical with the said case.

Patna High Court CWJC No.12438 of 2025 dt.04-08-2025 3/3 is pending before Circle Officer, Begusarai and other superior authority.

3. Learned counsel on behalf of the state submits that petitioner relies on gazette notification but the grievance of the petitioner is not covered by the said gazette notification as mere peaceful possession of the land for 30 years does not entitle the petitioner to get the land in his favour. However, he has submitted that if petitioner represents his grievance in a proper way, the concerned authority will look into the matter.

4. Considering the facts and circumstances of the case and the arguments advanced on behalf of the parties, the present writ petition stands disposed of with direction to the concerned officer to consider and dispose of the petitioner's representation, if still pending, after hearing the parties concerned, in accordance with, expeditiously and preferably within a period of eight weeks from the date of receipt/production of the copy of the order without being prejudiced by the order passed by this Court.

(Alok Kumar Pandey, J) vashudha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.08.2025 Transmission Date NA