Arjun Lal Agrawal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL REVIEW No.267 of 2025 In Civil Writ Jurisdiction Case No.13459 of 2025 ====================================================== Arjun Lal Agrawal Son of Late Banwari Lal Agrawal, Resident of R.B. Lane, Forbisganj, Ward No.-5, P.O. and P.S.-Forbisganj Magistrate, District-Araria. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Collector cum District Magistrate, Araria. 2.
The Additional Collector, Araria.
3.
The D.C.L.R. Forbisganj Magistrate, Araria.
4.
The Circle Officer, Forbisganj Magistrate, Araria. 5.
Jagdish Singh, son of Sardar Gurumukh Singh @ Gurumukh Singh, Resident of Hospital Road (Ram Manohar Lohiya Path), Subhash Chowk, Ward No.-7, Forbisganj, P.O. and Police Station-Forbisganj Magistrate, District-Araria.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. R. Giri, Sr. Advocate Mr. Harsh Vardhan, Advocate Mr. Harsh Raj, Advocate For the State :
Mr. Md. Harun Qureshi, AC to SC-01 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 05-01-2026 The instant Civil Review in CWJC No.13459 of 2025 has been filed by the original private respondent No.5, as petitioner, against the original writ petitioner and others.
2. It is contended by the petitioner against the order dated 25.08.2025 passed by this Court in CWJC No.13459 of 2025 that this Court wrongly recorded in paragraph No.4 of the impugned judgment that the petitioner was not given opportunity of being heard and an ex-parte order of injunction was passed in Cancellation of Revenue Appeal No.03/2025.
3. The learned Senior Advocate for the petitioner
Patna High Court C. REV. No.267 of 2025(3) dt.05-01-2026 2/3 refers to an order dated 10.06.2025 to show that the writpetitioner filed his Hajiri before the Court of Appeal and having heard both the parties, the Collector Araria passed an order of injunction directing the order dated 26.12.2024 passed in Mutation Cancellation Case No.262 of 2023-24 shall not be given affect to until further order. The next date was fixed on 25.06.2025.
4. It is contended on behalf of the petitioner that when the impugned order dated 10.06.2025 was passed after hearing both the parties, the observation of this Court that the said order was passed ex-parte was wrong and the State-Respondents also did not assist the Court properly.
5. I have heard the learned Senior Advocate for the petitioner.
6. It is true that the writ-petitioner filed Hajiri in Revenue Cancellation Appeal No.03 of 2025 on 10.06.2025.
7. However, on perusal of the impugned order dated 10.06.2025 this Court further finds that the Collector, Araria did not assign any reason in favour of his passing order of injunction. The impugned order is bereft of any reason.
8. Be that as it may in the writ petition, the Collector, Araria was directed to dispose of the petition for temporary
Patna High Court C. REV. No.267 of 2025(3) dt.05-01-2026 3/3 injunction giving opportunity to the parties.
9. Though, the impugned order does not state any reason as to why the order of injunction was issued. Since, this Court passed the order directing the Collector, Araria to dispose of the injunction petition in CWJC No.13459 of 2025 in connection with Revenue Cancellation Appeal Case No.03 of 2025, the said order ought not to have been passed only on the ground of ex-parte hearing of the petition for injunction.
10. Therefore, the order dated 25.08.2025 passed in CWJC No.13459 of 2025 is recalled.
11. The District Magistrate, Araria is specifically directed to dispose of the Revenue Cancellation Appeal Case No. 03 of 2025 within two months from the date of communication of this order.
12. In the meantime, both the parties are directed to maintain the status quo in respect of the property in question.
13. With the above order, the instant civil review stands disposed of.
(Bibek Chaudhuri, J) mdrashid/- U