Patna High Court - Orders
Syed Asghar Ali vs The State Of Bihar on 29 September, 2020
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 8131 of 2020
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Syed Asghar Ali, Aged about 76 years, Son of Late Syed Mohammad Mehdi,
Resident of Badshah Manzil, Guzri Bazar, Patna City, P.S.- Khaje-kalan,
Patna City, District- Patna- 800008.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, General Administration Department, Government
of Bihar, Patna.
3. The Principal Secretary, Department of Revenue, Government of Bihar,
Patna.
4. The Principal Secretary, Cabinet Secretariat Department, Old Secretariat,
Government of Bihar, Patna.
5. The Divisional Commissioner, Magadh Division, Gaya.
6. The Collector-cum-District Magistrate, Nawada.
7. The Deputy Collector, Land Reforms (DCLR), Nawada.
8. The Circle Officer, Sadar Nawada, District- Nawada.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. S Azeem, Advocate
For the State : Mr. Md. Khurshid Alam, AAG 12 with
Mr. Majid Mahboob Khan, AC to AAG 12
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL ORDER
2 29-09-2020The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.
2. Mr. S Azeem, learned counsel for the petitioner and Mr. Md. Khurshid Alam, learned AAG 12 along with Mr. Majid Mahboob Khan, learned AC to AAG 12 for the State, have assisted the Court.
Patna High Court CWJC No.8131 of 2020(2) dt.29-09-2020 2/4
3. The petitioner has moved the Court for the following reliefs:
"That the present writ petition is being preferred before this Hon'ble Court for issuance of writ, writs, order, orders, direction, directions, specially a writ of mandamus directing the Collector-cum-District Magistrate, Nawada to stop forthwith the construction work going on over R.S. Plot No. 1096, 1097 and 1100, an area covering about 15 acres, out of total 35 acres, pertaining to Plot No. 1093, 1094 and 1095, for which judgment and decree passed by the learned Sub-Judge 1st, Nawada in Title Suit No. 432 of 2016, CIS No. 468 of 2016 (Syed Asghar Ali Vs. State of Bihar through the Collector, Nawada and Circle Officer, Sadar Nawada).
Further be pleased to restrain the Collector, Nawada for any unlawful coercive step against the petitioner and their workers present at the land which is under the possession of the petitioner from the year 1945 and before 1945 his father Late Syed Mohammad Mehdi, resident of Guzri Bazar, Patna City, P.S. Khaje-kalan, District- Patna-800008.
And further be pleased to pass such order, orders as your Lordships may deem fit and proper in the facts and circumstances of the case in accordance with law."
4. The grievance of the petitioner is that despite the land pertaining to RS Plots No. 1096, 1097 and 1100, covering an area of 15 acres out of total 35 acres of Plots No. 1093, 1094 and 1095, being held to belong to the petitioner by the judgment and decree dated 15.05.2019 of the Sub Judge 1 st, Nawada in Title Suit No. 432 of 2016, CIS No. 468 of 2016, which was filed against the State of Bihar through the Collector, Nawada, Patna High Court CWJC No.8131 of 2020(2) dt.29-09-2020 3/4 and the State of Bihar through the Collector, Nawada filing Title Appeal No. 22 of 2019 against the said judgment and decree, but no stay granted, the State authorities have entered upon the land and have also started construction of some building and the petitioner despite having informed all the authorities, the work has not stopped.
5. If what has been stated in the writ application and submitted by learned counsel for the petitioners is correct, the Court is constrained to observe that it is a blatant misuse and abuse of authority by the District Administration, Nawada, being clearly arbitrary and highhanded, which cannot be justified, either in law or on facts.
6. When called upon, learned counsel for the State submitted that he is required to take instructions in the matter.
7. In view thereof, as prayed for by learned counsel for the State, the matter be listed on 10th November, 2020, among the top five cases.
8. On that day, detailed counter affidavit shall be filed on behalf of the authorities which shall be personally affirmed by the Collector-cum-District Magistrate, Nawada (respondent no. 6).
9. As the materials brought on record being strongly Patna High Court CWJC No.8131 of 2020(2) dt.29-09-2020 4/4 in favour of the of the petitioner, the Court deems it appropriate to grant him interim protection.
10. Accordingly, until further orders, no construction work shall be carried out upon the lands in question.
11. Learned counsel for the State shall communicate the order telephonically to the respondent no. 6 today itself. The Court would further indicate that if any material is brought on record by the petitioner on the next date, which indicates that the interim order of the Court has been violated, the Court shall take a strict view in the matter and further that the respondent no. 6 shall be personally responsible for ensuring compliance of the present order.
12. Let the name of Mr. Md. Khurshid Alam, learned AAG 12 be printed in the cause list in the column of the respondents.
(Ahsanuddin Amanullah, J.) P. Kumar/Anand Kr.
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