Md. Najrul Islam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1664 of 2020 ====================================================== Md. Najrul Islam Son of Md. Shahabuddin, Resident of Village-Baidol, Police Station-Balrampur, District-Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Katihar, District Katihar. 2.

The Additional Collector Land Reform, District Katihar. 3.

The Circle Officer, Balrampur, Circle, District Katihar. 4.

The District Registrar Officer, Katihar.

5.

The Sub Registrar of Barsoi Registary, Barsoi, District-Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Helal Ahmad, Advocate For the Respondent/s :

Mr.Sajid Salim Khan (SC-25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-01-2025 At the outset, the learned counsel for the respondent-State seeks to file a counter affidavit, copy whereof has already been filed online. Let the same be kept on record. 2.

The limited prayer made by the petitioner in the present case is to direct the respondent-State to remove the land of the petitioner appertaining to Khata No. 26, Plot No. 367, admeasuring 2.63 acres situated at Mauza-Dullahpur, Thana No. 127, District-Katihar from the register containing list of such land which have been prohibited from being registered. 3.

At the outset, the learned counsel for the respondent-State submits, by referring to paragraph no. 7 of the

Patna High Court CWJC No.1664 of 2020(4) dt.08-01-2025 2/2 counter affidavit filed in the present case today itself, that the restriction over the land of the petitioner in question, which had been put by the office of the Sub-Registrar, Barsoi, DistrictKatihar, has been removed inasmuch as upon enquiry it has been found that the aforesaid land in question is actually the raiyati land of the petitioner, hence the aforesaid land in question has been excluded from the register containing the details of land which have been barred from being sold, thus in case the petitioner seeks execution and registration of any instrument with regard to the aforesaid land in question, he is free to do so.

4.

Having regard to the aforesaid stand taken by the respondents in their counter affidavit, I deem it fit and proper to dispose off the present writ petition with an observation that the aforesaid land in question belonging to the petitioner is no longer mentioned in the रोकसूची maintained by the office of the Sub-Registrar, Barsoi, District-Katihar, hence the petitioner is not precluded from dealing with the aforesaid land in question. (Mohit Kumar Shah, J) S.Sb/- U