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2023 DAILYLAW 1484 (PAT)

Surendra Yadav v. The State of Bihar

CWJC/10908/2023 · 2026-04-20

Rajiv Roy

body2023

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10908 of 2023 ====================================================== Surendra Yadav S/o Late Sonelal Yadav, Resident of Village-Koskapur Tola Bairakh, P.O.-Koskapur, P.S.-Raniganj, District-Araria. ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Secretary, Department of Land Reforms and Revenue, Govt. of Bihar, Patna. 2. The Sub-Divisional Officer, Araria. 3. The Circle Officer, Raniganj Araria. 4. Anmol Yadav S/o Ganeshi Yadav, Resident of Village-Koskapur, P.S.- Raniganj, District-Araria. 5. Sushil Yadav, S/o Ganeshi Yadav, Resident of Village-Koskapur, P.S.- Raniganj, District-Araria. 6. Dhanti Devi, D/o Ganeshi Yadav, W/o Matru Yadav, Resident of Village- Koskapur, P.S.-Raniganj, District-Araria. 7. Domi Yadav, S/o Kadam Lal Yadav, Resident of Village-Koskapur, P.S.- Raniganj, District-Araria. 8. Bachan Yadav, S/o Late Sonelal Yadav, Resident of Vilalge-Koskapur Tola Bairakh, P.s.-Koskapur, P.S. Raniganj, District-Araria. 9. Dinesh Yadav, S/o Late Sonelal Yadav, Resident of Vilalge-Koskapur Tola Bairakh, P.s.-Koskapur, P.S. Raniganj, District-Araria. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Jitendra Kumar, Advocate For the Respondent/s : Mr.Md. Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 5 20-04-2026 Heard the parties. 2. The present petition has been preferred for the following relief/s: (i) for issuance of appropriate order/orders, direction/directions, especially in nature of certiorari directing and commanding that Patna High Court CWJC No.10908 of 2023(5) dt.20-04-2026 2/4 setting aside the order dated 11.05.2023 passed in BLT Case No-130/2023, passed by The Chairman, The Bihar Land Tribunal, Patna whereby and where under without issue notice to respondents and without heard proper facts and circumstances dismissed the appeal stating therein that approach before Circle officer, Raniganj. Araria whereas the Circle officer, Raniganj, Araria already passed order after proper verification; (ii) for issuance of appropriate order/orders, direction/directions especially in nature of certiorari direction and commanding that setting aside the order dated 28/04/2022 passed in Appeal Case No-11/2018-19 under section 48(D) of B.T. Act passed by court of Sub-Divisional Officer, Araria whereby he remanded the matter before the Circle officer. Raniganj, Araria to pass a fresh order considering all the facts and after proper investigation; Patna High Court CWJC No.10908 of 2023(5) dt.20-04-2026 3/4 (iii) for Further affirm the order dated 18/05/2018 passed by Circle Officer, Raniganj in Case No 04/2017-18 under section 48(D) of the B.T. Act whereby the petitioner was given kaiyami Right in the land in question after following the due process of law; (iv) during the pendency of writ application, the operation of proceeding of order dated 11.05.2023 passed in BLT Case No- 130/2023 passed by The Chairman, Bihar Land Tribunal, Patna and order dated 28.04.2022 passed in Appeal Case No- 11/2018-2019 passed by learned Sub- Divisional officer, Araria, may kindly be stay; (v) for any other appropriate rule/rules, order/orders, direction/directions by this Hon'ble Court may found fit and proper to the facts and circumstances as well as for which the petitioner may be found entitled thereto. Patna High Court CWJC No.10908 of 2023(5) dt.20-04-2026 4/4 3. After some argument, learned counsel for the petitioner submits that in view of the consistent order passed by the Sub-Divisional Officer as also the Bihar Land Tribunal dated 28.04.2022 and 11.05.2025, he shall be approaching the concerned Circle Officer, Araria for the redressal of the grievance. 4. Granting said liberty, the writ petition is disposed of. Ravi/- (Rajiv Roy, J) U