Tufail Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19680 of 2024 ====================================================== Tufail Ahmad S/o- Jamil Ahmad, Resident of Village- Mangalpur, P.O.- Dumaria, Anchal- Narkatiaganj, P.S.- Shikarpur, District- West Champaran. ... ... Petitioner/s

Versus

1.

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

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

3.

The Collector, West Champaran, Bettiah.

4.

The Additional Collector, West Champaran, Bettiah. 5.

The Deputy Collector Land Reforms, Narkatiaganj, West Champaran. 6.

The Circle Officer, Narkatiaganj, West Champaran. 7.

The Anchal Amin, Anchal Office, Narkatiaganj, West Champaran. 8.

Sarajul Haq Son of Late Noor Hasan Khan, Resident of Village- Mangalpur, P.O.- Dumaria, Anchal- Narkatiaganj, P.S.- Shikarpur, District- West Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prashant Kumar, Advocate Md. Manaur Alam, Advocate For the Respondent/s :

Mr.Government Pleader (26) For respondent no.08 :

Mr. Sudheshu Kumar, Advocate Mr. Sumit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-04-2026 Heard the parties.

2. The present petition has been preferred for the following relief/s:

(i) for setting aside Ex-Parte order dated 13.07.2023 passed in Demarcation Appeal Case No. 02/23-24 by the Deputy Collector Land Reforms Narkatiagani, West Champaran whereby and whereunder,

Patna High Court CWJC No.19680 of 2024(3) dt.27-04-2026 2/3 without impleading the petitioner as party, without issuance of any notice and without hearing the petitioner, the D.C.L.R., Narkatlagani (Respondent no 5) without application of judicial mind, in a mechanical manner, and without taking into consideration that measurement of the land in question has already been done twice by Demarcation Case no.-25/2012-13 and Demarcation Case no-36/2022-23 has allowed the Demarcation Appeal Case no.

02/23-24 filed by private respondent no-8;

(ii) for setting aside Ex-Parte Demarcation report dated 06.07.24 in Demarcation Appeal Case no-02/23-24 which has been prepared without issuance of any notice/information to the adjacent land owner/petitioner and in the absence of petitioner and his family members;

(iii) for any such other relief or reliefs to which the petitioner may be found entitled in course of hearing of this writ application.

Patna High Court CWJC No.19680 of 2024(3) dt.27-04-2026 3/3

3. Learned counsel for the petitioner after some argument submits that he will take recourse to alternate remedy available under the law of land.

4. Granting said liberty, the writ petition is disposed of .

5. If a petition is preferred in next four weeks, the concerned authority/Court shall see to it that the writ petition was pending before this Court while dealing with the limitation petition.

(Rajiv Roy, J) Ravi/- U