Musmat Prabhawati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2047 of 2024 ====================================================== 1.

Musmat Prabhawati Wife of Late Subash Sah Resident of Village- Pipra, Ward no. 7, P.O.-Daraundha, P.S.- Daraundha, District- Siwan 2.

Manju Devi, Wife of Ram Pyar Sah Resident of Village- Pipra, P.O.- Daraundha, P.S.- Daraundha, District- Siwan.

3.

Mohammad Aslam Raza, Son of Shamsuddin Raza, Resident of VillageDaraundha, P.S.- Daraundha, District- Siwan. 4.

Bibi Tahidan @ Tahidun Nisha, Wife of Mokhtar Miyan, Resident of Village- Pipra, P.S.- Daraunha, District Siwan. 5.

Ahmad Hussain, Son of Mohammad Monaf, Resident of Village and P.O.- Daraundha, P.S.- Daraundha, District- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Siwan. 2.

The District Magistrate, Siwan.

3.

The Additional Collector, Siwan.

4.

The Circle Officer, Daraundha, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Nath Dubey, Advocate For the Respondent/s :

Mr. Gyan Prakash Ojha, GA-7 Mr. Abhinav Ashok, AC to GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-05-2024 Heard the parties.

2. The present writ petition has been preferred for the grant of following relief/s:- "That this application is filed for issuance of writ/writs, order/orders, direction/directions including writ in the nature of certiorari for quashing the order dated 15.01.2021 bearing Memo No. 92 dated 28.01.2021 passed by the Respondent No. 3 without hearing the petitioner and without giving proper opportunity and without

Patna High Court CWJC No.2047 of 2024(2) dt.16-05-2024 2/2 considering the fact since more than four (4) decades Petitioner constructed the House and living peacefully and pay the rent for which the rent receipt issued and without hearing the Petitioners or any other person where jamabandi has been cancelled by the order dated 15.01.2021 bearing Memo No 92 dated 28.01.2021 passed the ex-parte order in a very mechanical manner and cancel the jamabandi several person including the Petitioner and further considering the fact that in the pick-hour of the Covid period, the respondent passed the order ex-parte without considering the fact that the petitioners are construct the house in a very small plot and living since more than four (4) decades."

3. The petitioner has challenged the order of the Additional Collector, Siwan dated 15.01.2021.

4. After some argument, learned counsel for the petitioner submits that he will be challenging the order of the Additional Collector, Siwan before an appropriate authority.

5. Granting said liberty, the present writ petition stands disposed of.

(Rajiv Roy, J) Adnan/- U