IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10047 of 2017 ====================================================== 1. Md. Naim and Ors S/o Late Masleuddin, 2. Md. Nizam, S/o Late Masleuddin, 3. Md. Kamrul, S/o Jafiruddin, 4. Md. Amrul, S/o Jafiruddin, 5. Md. Istaque, S/o Late Jamil, 6. Mustakim, S/o Late Jamil, 7. Md. Asfaque, S/o Late Nunu, 8. Md. Rasul, S/o Late Yahyah, 9. Md. Kuddus, S/o Late Yahyah, 10. Md. Soeb, S/o Fazlu, 11. Md. Safique, S/o Fazlu, All SI No.1 to 11 are the residents of Village- Rampur South, P.O.- Rampur, P.S.- Forbes Ganj, District- Arariia. ... ... Petitioner/s Versus 1. The State Of Bihar and Ors 2. The Bihar Land Tribunal, Patna through its Registrar. 3. The Commissioner, Purnea Division, Purnea. 4. The Deputy Collector, Land Reforms, Forbesganj, Araria. 5. Md. Elahi, S/o Late Sk. Dholhay, 6. Md. Kalim, S/o Sk. Elahi, Both residents of Village- Rampur, P.S.- Forbasganj, District- Araria. 7. Md. Jamal, S/o Sk. Mahiuddin, resident of Village- Haldipar, P.S.- Forbesganj, District- Araria. 8. Md. Rauf, S/o Sk. Mahiuddin, resident of Village- Mohammadpur, P.S.- Forbesganj, District- Araria. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Nath Jha, Adv. For the State : Mr. Dhurjati Kr. Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 28-04-2025 Heard the parties. 2. The present application has been filed: (i) Quashing/setting-aside the Patna High Court CWJC No.10047 of 2017(2) dt.28-04-2025 2/4 order dated 26.04.2017 (Annxure-5) passed by the Hon'ble Member (Administrative), Bihar Land Tribunal, Patna in B.L.T. Case No. 671 of 2016 (Md. Naim & others Vs. The State of Bihar & others) whereby he has dismissed the B.L.T. case of the petitioners, and affirmed the earlier orders of the Learned authorities below; (ii) quashing/setting-aside the order (Annxure-4) passed by the Resp. dated 24.05.2016 no. No.3 (Divl. Commissioner) in Land Dispute Appeal No. 74 of 2014, by which he has dismissed the appeal of the petitioners, and affirmed the earlier order of Learned D. C. L. R. (Resp. No.4); (iii) quashing/setting-aside the (Annxure-2) passed by the Resp. No.4 (D.C.L.R.) in Land order dated 19.12.2013 Dispute Case No. 141 of 2013-14, by which he had allowed the petition of the Resp. 2nd party hereto (Annexure-1), and directed these petitioners to vacate the lands in Patna High Court CWJC No.10047 of 2017(2) dt.28-04-2025 3/4 question; (iv) holding and declaring that both the Resp. No.3 and 4 had no jurisdiction to decide the complicated question of title and possession, raised by the Resp. 2nd party hereto, as the same is specifically barred under the Bihar Land Dispute Resolution Act, 2009; (v) holding and declaring that without making local inspection the authorities below had no jurisdiction to declare lands in question in favour of the Resp. 2 ^ (nd) party hereto. Actually Resp. 2nd party hereto were not entitled to the reliefs granted to them by the learned D.C.L.R. as well as the Divisional Commissioner; (vi) holding and declaring that all the aforesaid orders (Annexures-2, 4 & 5) are illegal, arbitrary, unreasonable without jurisdiction and are contrary to the provisions laid down under the Bihar Land Patna High Court CWJC No.10047 of 2017(2) dt.28-04-2025 4/4 Dispute Resolution Act, 2009; (vii) restraining the respondents from dispossessing the petitioners from the lands in question and/or from taking any step which would ultimately cause prejudice to the right, title, interest and possession of the petitioners over the lands in question, till pendency of this application before this Hon'ble court; (viii) granting any other relief/reliefs for which the petitioners may be found entitled to. 3. Learned counsel for the petitioner, Mr. Shashi Nath Jha prays for withdrawal of the petition as suit has been filed in the matter. 4. Granting said liberty, the writ petition stands disposed of. Vijay Singh/- (Rajiv Roy, J) U