Mohammad Ainul Haq v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18093 of 2023 ====================================================== Mohammad Ainul Haq S/o Late Mohammad Gafur, Resident of Village and P.O. Chandradip, P.S. Chandradip, District- Jamui. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

2.

The Divisional Commissioner, Munger.

3.

The Collector, Jamui.

4.

The Additional Collector, Jamui.

5.

The Deputy Collector, Land Reforms, Jamui 6.

The Circle Officer, Islamnagar Aliganj, Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Renu Kumari, Advocate For the Respondent/s :

Mr.Mujtabul Haque, GP-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-03-2026 Heard Mrs. Renu Kumari, learned counsel for the petitioner and the State.

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

(i) for issuance of a writ of Mandamus or any other appropriate writ / writs, order / orders, direction /directions commanding the concerned respondents to restore Mutation of the petitioner established vide Mutation Case No. 310/2017-18, which has been cancelled online stating reason that the same

2/5 has been cancelled in light of order dated 27.06.2023 of the Collector, Jamui passed in Jamabandi Cancellation Case No. 06/202223 and in light of Letter No. 1422/jojo dated 17.10.2023 of the Deputy Collector Land Reforms, Jamui although in the aforesaid mentioned case this petitioner was not even a party nor any notice has been served upon him and before the aforesaid cancellation of his Mutation, he was not been given any opportunity to present his before the concerned case Respondent/Authority;

(ii) for issuance of a writ of Mandamus or any other appropriate writ/writs, order/orders, direction /directions commanding the concerned respondents to restore mutation of the petitioner established by Mutation Case No. 310/2017-18 in view of the fact that the petitioner purchased 14.00 decimal of land from one Md. Hasan Imam situated in Mauza Telar pertaining to Khata No. 12, Khesra No. 957, Circle

3/5 Islamnagar Aliganj, District Jamui vide registered sale deed dated 02.07.2014 and subsequently applied for mutation in his name which has been established vide Mutation Case No.-310/2017-18 and since then he is in continued and uninterrupted possession over the said land and he has never been a party before any authority or court with regard to any dispute related to the said property at any point of time nor he has been issued any notice or show cause with regard to any such dispute litigation although admittedly after purchase of the said land by the petitioner vide registered sale deed and after mutation his right, title and interest over the said property was created;

(iii) for issuance of a writ of mandamus or any other appropriate writ/writs, order / orders, direction/directions fixing appropriate and adequate accountability on the guilty respondents/authorities /officials

4/5 due to whom the petitioner in a very illegal way has been put under actual apprehension of the deprivation of his constitutional right to property and for the said reason he is under extreme suffering;

(iv) for any other relief / reliefs for which the petitioner is entitled under law..

3. The matter relates to land situated in Mauza Telar, Khata No. 12, Khesra No. 957, Circle-Islamnagar Aliganj, (area 14 decimals) in the district of Jamui.

4. The petitioner claims that Mutation Case No. 310/2017-18 was cancelled by the Circle Officer, Islamnagar Aliganj, Jamui vide an order dated 27.06.2023 which was challenged.

5. The contention is that the same now stands set aside by the Commissioner, Munger Division, Munger.

6. Learned State counsel submits that if the order already stands cancelled, the writ petition has become infructuous, though the order of the Commissioner, Munger Division, Munger is not on record.

7. Since the submission of the learned counsel for the petitioner has been recorded that the order in question has been

5/5 annulled by the Commissioner, Munger Division, Munger.

8. If, the petitioner still has any grievance relating to execution of the said order, he can very well approach the concerned authority for the redressal of the grievance.

9. With the aforesaid observation, the writ petition is disposed of.

(Rajiv Roy, J) Ravi/- U