Patna High Court - Orders
Md.Ekramul Haque & Ors vs The State Of Bihar & Ors on 27 August, 2014
Author: Kishore Kumar Mandal
Bench: Kishore Kumar Mandal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18997 of 2011
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1. Md.Ekramul Haque & Ors Son Late Amiruddin Resident of Village
English Dakra P.S. Amdabad Dist. Katihar
2. Ibrar Alam Son of Late Amiruddin Resident of Village English Dakra
P.S. Amdabad Dist. Katihar
3. Asrar Alam Son of Late Amiruddin Resident of Village English Dakra
P.S. Amdabad Dist. Katihar
4. Qudsra Khatoon@ Qaisra Khanam Wife Of Maqbool, D/O Late
Amiruddin Resident Of Partaili P.S. Katihar Dist. Katihar, Bihar
5. Nishat Ara Wife of Ghenayat Ali D/O Late Amiruddin Resident of
Boghlagarh P.S. Amadabad Dist. Katihar
6. Sakra Khatoon Wife of Md. Ibrahim, D/O Late Amiruddin Resident of
Kheria P.S. Korha Dist. Katihar
7. Sajda Khatoon Wife of Md. Israil, D/O Late Amiruddin Resident of
Kheria P.S. Korha Dist. Katihar
8. Manauwa Zabeen Wife of Md. Mozammil Neyat D/O Late Amiruddin
Resident of Manjhaili P.S. Purnia Sadar Dist. Purnia
9. Rabiya Khatton Wife Of Md. Moqbool Hussain D/O Late Amiruddin
Resident Of Mayamari P.S. Amdabad District Katihar
10. Fahmida Khatoon Wife of Md. Ehtasam, D/O Late Amiruddin Resident
Of Village Bairiya P.S. Amadabad Dist. Katihar
11. Zaibun Nisha Widow Of Late Amiruddin Resident of Village English
Dakra P.S. Amdabad Dist. Katihar
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Commissioner Purnia Division, Purnia
3. The Collector Katihar
4. The Additional Collector Katihar
5. The Deputy Collector Katihar
6. The Circle Officer Null Amdabad, Dist. Katihar
7. S.K. Mansoor Alam Sons of Sk. Md. Bakhsh Village English Dakra P.S.
Amdabad, Dist. Katihar
8. Sk. Manzoor Alam Sons of Sk. Md. Bakhsh Village English Dakra P.S.
Amdabad, Dist. Katihar
9(i) Naiyyer Alam son of Sk.Zahoor
9(ii) Farhana Asmeen @ Daisy wife of Masihur Rahman
9(iii) Nuzhat Tabassum @ Rosy wife of Muntashir daughter of Sk. Zahoor
9(iv) Tarannum Zahira @ Juli wife of Kamran daughter of Sk. Zahoor all
resident of village-Sanjha P.S. Pranpur, Katihar
10. Bhikhan Son Of Noor Alam Son Of Late Md. Baksh Village English
Dakra P.S. Amdabad, Dist. Katihar
11. Bhodu Son Of Noor Alam Son Of Late Md. Baksh Village English
Dakra P.S. Amdabad, Dist. Katihar
12. Zabair Son Of Noor Alam Son Of Late Md. Baksh Village English
Dakra P.S. Amdabad, Dist. Katihar
13. Sanjum Ara D/O Noor Alam Son Of Late Md. Baksh Village English
Dakra P.S. Amdabad, Dist. Katihar
14. Gongla D/O Noor Alam Son Of Late Md. Baksh Village English Dakra
2 Patna High Court CWJC No.18997 of 2011 (8) dt.27-08-2014
2/4
P.S. Amdabad, Dist. Katihar
15. Bauli D/O Noor Alam Son Of Late Md. Baksh Village English Dakra
P.S. Amdabad, Dist. Katihar
16. Ruby D/O Noor Alam Son Of Late Md. Baksh Village English Dakra
P.S. Amdabad, Dist. Katihar
17. Imran Son Of Late Anjum Ara D/O Late Noor Alam Village Sanjha
P.S. Paranpur Dist. Katihar
18. Parvez Son Of Anjum Ara D/O Late Noor Alam Village Sanjha P.S.
Paranpur Dist. Katihar
20. Alamgir Husband Of Anjum Ara D/O Late Noor Alam Village Sanjha
P.S. Paranpur Dist. Katihar
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shabbir Ahmad
For the Respondent/s : Mr. T.N. Maitin
CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR
MANDAL
ORAL ORDER
8 27-08-2014Heard Mr. Shabbir Ahmad in support of the application, Mr. T. N. Maitin appearing on behalf of the private respondent and A.C. to G.P.8 for the State.
The petitioners filed the present writ application to assail the legality of the order dated 04.11.2006 passed by the Respondent-Commissioner, Purnia Division in Mutation Revision No. 34/94/95. The said revision application was dismissed for non prosecution.
Mr. Ahmad has fairly stated that in view of amendment brought about in the relevant Act the Commissioner has not been conferred with any jurisdiction to entertain second revision application preferred against the order of the Collector/Addl. Collector.
3 Patna High Court CWJC No.18997 of 2011 (8) dt.27-08-20143/4
Mr. Maitin, learned counsel for the private respondents, on the other hand, has urged that although the title, inter se, between the parties stood settled/adjudicated by the civil court but if the petitioners intend to assail the order of the Addl. Collector passed against them the remedy lies in approaching the Tribunal now constituted under the Bihar Land Tribunal Act, 2009.
In the light of the aforesaid stand taken by Mr. Maitin, Mr. Ahmad in the light of relevant amendment in law/Act also takes a stand that the petitioners may be granted liberty to approach the Tribunal against the order passed by the Addl. Collector being the revisional order passed in the present proceeding after seeking condonation of delay, if any.
It has been brought to the notice of the Court that during the pendency of the application the respondents approached the Deputy Collector, Land Reforms for the relief relating to the land which is the subject matter of the present proceeding in which an order has been passed. In my view, the veracity/legality of the said order would not be considered in the present proceeding since the Act itself provides a forum to the aggrieved parties to assail the same.
Having considered the submissions of both sides this 4 Patna High Court CWJC No.18997 of 2011 (8) dt.27-08-2014 4/4 Court declines interference with the order dated 04.11.2006 passed by the respondent Commissioner in Mutation Revision Case No.34/94/95.
It will be open to the petitioner, if so advised, to assail the order of the Collector/Addl. Collector passed in the present proceeding before the appropriate forum/authority in accordance with law.
The writ application is accordingly disposed of.
(Kishore Kumar Mandal, J) HR/-
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