Md. Alauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1081 of 2024 ====================================================== Md. Alauddin S/o Late Mallick Mohammad Musa, Resident of Village-Telar, P.O.-Dhanar, P.S. Chandradeep, Anchal-Islam Nagar, Aliganj, Sub DivisionJamui, 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. 7.

Sajidus Salam Mallick son of Late Gazi Balauddin Mallick, Resident of Village-Arha, P.S. Chandradeep, Anchal-Islam Nagar, Aliganj, Sub DivisionJamui, District-Jamui. 8.

Shakirus Salam Mallick, son of Late Gazi Balauddin Mallick, Resident of Village-Arha, P.S. Chandradeep, Anchal-Islam Nagar, Aliganj, Sub DivisionJamui, District-Jamui. 9.

Tanqusalam Mallick, son of Late Gazi Balauddin Mallick, Resident of Village-Arha, P.S. Chandradeep, Anchal-Islam Nagar, Aliganj, Sub DivisionJamui, District-Jamui. 10.

Tanqusalam Mallick, son of Late Gazi Balauddin Mallick, Resident of Village-Arha, P.S. Chandradeep, Anchal-Islam Nagar, Aliganj, Sub DivisionJamui, District-Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Renu Kumari For the Respondent/s :

Mr.Government Pleader 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-02-2025 Heard the parties.

2. The petition has been filed for the following reliefs:- "(i) for issuance of a writ of Mandamus or any other appropriate writ /

Patna High Court CWJC No.1081 of 2024(4) dt.25-02-2025 2/3 writs, order /orders, direction / directions setting aside /quashing order dated 27.06.2023 of the District Magistrate and Collector, Jamui passed in Jamabandi Cancellation Appeal No. - 06 / 2022, whereby the District Magistrate and Collector, Jamui has set-aside the order dated 23.12.2022 of the Additional Collector. Jamui, passed in Jamabandi Cancellation Case No.- 06/2021 by allowing the Jamabandi Cancellation Appeal Case No.-06/2022 directing the Circle Officer, Aliganj to restore original Jamabandi Nos.-43, 44, 45, 292, 293, 294, 295, 296 and 07 breaking and merging Jamabandi No.-620 in the aforesaid, in view of the fact that long standing Jamabandi cannot be cancelled in a summary proceeding before the executive courts especially when there are apparent complicated disputes with regard to title as claimed by the parties;

(ii) for issuance a writ of Mandamus or any other appropriate writ / writs, order /orders, direction / directions commanding the concerned Respondents to restore the position as was before the aforesaid order dated 27.06.2023 of the District Magistrate and Collector, Jamui passed in Jamabandi Cancellation Appeal No. 06/2022 as the said order is without jurisdiction, arbitrary and was passed in collusion with the private respondents." .

Patna High Court CWJC No.1081 of 2024(4) dt.25-02-2025 3/3

3. In this case on 07.05.2024, two weeks further time was extended to the petitioner to file requisites for issuance of notice upon respondents No. 7 to 10.

4. As the said order being peremptory in nature was not complied with, it stands dismissed on 19.06.2024.

5. Perused the file, consigned.

(Rajiv Roy, J) perwez U