Zakir Hussain And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.8 of 2018 In Civil Writ Jurisdiction Case No.16223 of 2016 ====================================================== 1.

Zakir Hussain, son of late Khuda Baksh 2.

Md. Ayub, son of late Kamaluddin 3.

Md. Sabbir, Son of late Abdul Gafoor 4.

Nazir Alam, Son of late Abdul Gafoor 5.

Abdul Kuddus, son of late Abdul Gafoor All residents of village, Bauram, P.S. Jamalpur, District, Darbhanga

...Respondents / Petitioners

Versus

1.

The State of Bihar 2.

The District Magistrate, Darbhanga 3.

The Land Reforms Deputy Collector, Biraul, Darbhanga 4.

The Sub Divisional Officer, Biraul, Darbhanga 5.

The Circle Officer, Gaura Bauram, Darbhanga 6.

Md. Mishkin, son of late Jameer (wrongly stated in the petition), son of Sheikh Bachnu, resident of village, Bauram, P.S. Jamalpur, District, darbhanga 7.

Noor Mohammad Bangali, son of Md. Liyakat Sah 8.

Hamid Rain, son of late Nathu Rain 9.

Haroon Rain, son of Khuda Baksh Rain 10.

Mohamood Rain, son of late Abdul Rahman 11.

Md. Aauli Rain wrongly stated in petition, Md. Oli Rain, son of Gafoor Rain 12.

Domani, wife of Nazir Rain 13.

Md. Naseem, son of Md. Naim 14.

Md. Haroon Sah, son of Idrish Sah 15.

Abdul Rajak 16.

Phulo Rain Both sons of late Imam Ali Rain All 7 to 16 resident of village, Bauram, P.S. Jamalpur, District, Darbhanga

Patna High Court C. REV. No.8 of 2018 dt.25-04-2018 2/3 Respondents / Opposite party 17.

The Bauram Gram Vikash Samiti, Bauram, P.S. Jamalpur, District Darbhanga through its Secretary, Irfan Ahmad, resident of village, Bauram, P.S. Jamalpur, District, Darbhanga 18.

Irfan Ahmad, son of Md. Abbas, resident of village, Bauram, P.S. Jamalpur, District, Darbhanga Writ petitioners/Opposite party .. ...

====================================================== Appearance :

For the Petitioner/s :

Mr. Jagnnath Singh, Advocate For the Respondent/s :

Mr. Asif Kari, A.C. to A.A.G. 12 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) Date : 25-04-2018 Heard parties.

It appears that this civil review has been filed under gross misconception as the grievance of the petitioners is that though there is no flaw in the order of the Division Bench rather the flaw is in execution of the order as principle of natural justice is not being followed because no opportunity was given to them even in terms of the general direction. However, learned counsel further submits that construction is likely to be removed today itself by the authority concerned.

Accordingly, we direct the State respondents to maintain the status quo as on today till 02.05.2018.

In the meantime, the petitioners would be at liberty to take proper step which is available to them in law. We make it

Patna High Court C. REV. No.8 of 2018 dt.25-04-2018 3/3 clear that we have not formed or expressed any opinion with respect to the merit of the case as this order has merely been passed on the apprehension of the petitioners that their house is to be demolished today itself without any notice. With the aforesaid observation, this civil review is disposed of.

(Dr. Ravi Ranjan, J) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.04.2018 Transmission Date NA