Md Ahsanul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.524 of 2025 ====================================================== Md Ahsanul Haque S/o Samsul Haque, Resident of Village- Barbanna, P.S. and District- Katihar.

... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Purnea Division, Purnea. 3.

The Collector, Katihar.

4.

The Add. Collector, Katihar.

5.

The Deputy Collector, Land Reforms, Katihar.

6.

The Circle Officer, Hasanganj, District- Katihar. 7.

Ranjeet Kharwar, S/o Late Jitan Kharwar, Resident of Village- Bramhchari, P.S.- Muffasil, District- Katihar.

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

For the Petitioner/s :

Mr. Bhola Prasad For the Respondent/s :

AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-01-2025

1. Heard learned counsel for the petitioner and learned AC to AAG-5.

2. The learned counsel for the petitioner submits that the land pertaining to Khata No. 203, Area 1.19 acres at MouzaHasanganj, District Katihar is the land in dispute in the instant writ application. It is submitted that the aforesaid land was settled in the name of Jitendra Kharwar (father of the respondent no. 7) vide Settlement Case No. 90 of 82-83 and after his death Ranjeet Kharwar (respondent no. 7) came in possession of the land in question and the land was mutated vide Mutation Case No. 348 of 2008-09 in favour of respondent no. 7 It is further submitted that respondent no. 7 after getting permission of the competent

2/4 authority under Section 49G of the B.T. Act vide order contained in Memo No. 34 dated 16.03.2009 (Annexure-1) issued by the Circle Officer, Hasanganj, sold the land in question to the petitioner by registered sale deed dated 18.09.2009 (Annexure-2). It is further submitted that the petitioner after purchasing the land applied for mutating the land in his name and accordingly filed Mutation Case No. 568 of 2010-11 which was allowed and correction slip was issued and Jamabandi No. 1348 and 1373 was created in his name (Annexure-3 series). It is next submitted that the Circle Officer, Hasanganj recommended for cancellation of Jamabandi No. 1328 and based on the said recommendation, Jamabandi Cancellation Case No. 54 of 2012 was initiated before the Additional Collector, Katihar and the Additional Collector, Katihar by an order dated 28.

12.2012 (Annexure-4) cancelled the Jamabandi of the land existing in the name of the petitioner, accordingly, the petitioner filed an appeal before the Collector, Katihar against the order dated 28.12.2012 passed by the Additional Collector, Katihar in Jamabandi Cancellation Case No. 54 of 2012, the Collector by his order dated 26.03.

3/4 Revision Case No. 132 of 2015 and the same was dismissed in default by an order dated 16.05.2018 and the said revision till date has not been restored nor the order dated 16.05.2018 has been challenged by the State authorities, as such, the order of the Collector attained finality in absence of any challenge. It is next submitted that despite petitioner filing several representation before the Circle Officer, Hasanganj to restore the Jamabandi in his name, but the Circle Officer is sitting tight over the matter as such the instant writ application has been filed seeking a direction upon the Circle Officer to restore the Jamabandi No. 1348 with respect to 1.19 acres of land pertaining to Khata No. 203 at Mouza Rampur Anchal, Hasanganj District- Katihar in the name of the petitioner in compliance of the order of the Collector dated 26.03.2013 in Jamabandi Appeal No. 260 of 2012-13.

3. The learned counsel appearing on behalf of the State submits that the revision application filed by the State before the Commissioner was dismissed in default in the year 2018 and the petitioner has moved this Court in the year 2025 i.e. after seven years of dismissal of revision case in the Court of Divisional Commissioner, as such, it might be a possibility that the State might have filed an application seeking restoration of the revision case or some orders might have been passed, on which the learned counsel appearing on behalf of the petitioner submits that

4/4 petitioner is aware that ultimately if the order of the Collector is set aside, in that event the relief sought for in the instant writ application cannot be granted to the petitioner and his Jamabandi shall be cancelled.

4. After hearing the learned counsel for the parties, the writ application is disposed of with a direction to the petitioner to file a fresh representation before the Circle Officer, Hasanganj for seeking the relief as claimed in the instant writ application with all the relevant facts on or before 10.02.2025 and if any application is filed by the petitioner on or before 10.02.2025 in that event the Circle Officer, Hasanganj is directed to consider the same in accordance with law within a period of three months thereafter.

5. The writ application is disposed of.

(Satyavrat Verma, J) Rishabh/- U