Md. Nasir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19298 of 2025 ====================================================== 1.
Md. Nasir Son of Late Rahman, Resident of Village Sirnia, P.S.- Muffasil Katihar, District- Katihar.
2.
Md. Basir, Son of Late Rahman, Resident of Village Sirnia, P.S.- Muffasil Katihar, District- Katihar.
... ... Petitioner/s
Versus
1.
The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.
The Collector, Katihar.
3.
The Additional Collector, Katihar.
4.
The Deputy Collector, Land Reforms Katihar.
5.
The Circle Officer, Katihar, District Katihar. 6.
Soti Rajak, Son of Late Nayan Rajak, Resident of Village Hafla P.S. Muffasil, Katihar, District- Katihar.
7.
Moti Rajak, Son of Narayan Rajak, Resident of Village- Hafla P.S. Muffasil, Katihar, District- Katihar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surendra Kumar, Advocate :
Mr. Amrendra Kumar Shrivastawa, Advocate For the State :
Mr. Government Pleader (16) :
Mr. Rakesh Kumar Shrivastava, AC to GP-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-12-2025 Heard the parties.
2. The present petition has been preferred for the grant of following relief(s):
"(i) issuance of writ of certiorari to quash the Settlement of Land made in favour of the respondent No. 6 and 7 pertaining to Mouza Sirnia, Thana 118 Khata No. 1406, Khesra 3576 area 2 area 4 decimal made in connivance of
2/4 Karmchari, Katihar who is own brother-in-law of respondent No. 6 and 7 who suggested and gave details of land as aforesaid to file an application for settlement of land before Circle Officer, Katihar on 20-06-1990 which was approved by the D.C.L.R. Katihar on 23-071990 and same was not sent before learned Collector, Katihar and petitioners have purchased the land in question still the possession of Land is with the petitioners and they never came to knowledge of the petitioner till filing of the Misc. Settlement case No. 14/2013-14 and the petitioner have no any other Land Except Land in question for survival of livelihood of the petitioners.
(ii) issuance of writ of Mandamus directing and commanding the Circle Officer, Katihar to pass final order in Misc. Settlement case No. 14 of 2013 as the Circle Officer, Katihar was directed on 14-05-2025 by the Hon'ble Chairman of the Bihar Land Tribunal, Patna vide BLT case No. 191 of 2025, and it was
3/4 made clear that final order in Misc. settlement passed within a period of three months from date of receipt/production of the order.
(iii) issuance of direction to treat the writ petition as contempt application as despite of direction made on 14.05.2025 as copy of the Bihar Land Tribunal, Patna was submitted on 30.06.2025 before Circle Officer, Katihar and same was required to be passed final order within 3 months which was completed on 30-092025 as such Circle Officer, Katihar has violated the order of Hon'ble B.L.T. Patna and needs to issue contempt Notice to the Circle Officer, Katihar.
(iv) issuance of any other order/orders as may be deemed and fit and proper on the facts and circumstances of the case."
3. On 14.05.2025, the Bihar Land Tribunal, Patna in BLT Case No. 191 of 2025 (Md. Nasir & Ors. vs. The State of Bihar & Ors.) while disposing of the petition, directed the Circle Officer, Katihar to pass final order in Misc. Settlement Case No. 14 of 2013-14 in three months (Annexure P/3 to the petition).
4/4
4. By filing the writ petition, the petitioner complains that the Circle Officer, Katihar is sitting over the matter and has not passed the final order.
5. Learned State counsel submits that the matter if not disposed of, the final order shall be passed at an earliest.
6. Accepting the words of the learned State counsel and cautioning the Circle Officer, Katihar to ensure that an order is passed in the aforesaid Misc. Case No. 14 of 2013-14 by 31.03.2026, if not disposed of, failing which he may face contempt proceeding.
7. The writ petition is disposed of with the aforesaid observation.
(Rajiv Roy, J) vinayak/- U