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2025 DAILYLAW 56444 (PAT)

Ash Mohammed Dhunia v. The State Of Bihar and Ors

CWJC/18396/2016 · 2025-08-05

Rajiv Roy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18396 of 2016 ====================================================== Ash Mohammed Dhunia S/o late Subedar Mian Resident of Village- Tarwan, P.O. P.S.- Siwan, District Siwan. ... ... Petitioner/s Versus 1. The State Of Bihar 2. The Divisional Commissioner, Siwan. 3. The D.C.L.R. Siwan. 4. The Circle Officer, District Siwan. 5. Md. Alam S/o late Faridan Mian 6. Sheopujan Manjhi S/olate Kuri Manjhi Both Resident of Village- Tarwan, P.O. - Tarwan, District Siwan. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Amarendra Kumar, Advocate For the Respondent/s : Mr. Rishi Raj Sinha, SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 05-08-2025 Heard the parties. 2. The present petition has been preferred for the grant of following relief(s): (i) A writ in the nature of mandamus or any other appropriate writ or order or direction be issued to the respondents to set aside the impugned order dated 26th June 2016 passed by Bihar Land Tribunal in B.L.T. case No. 324 of 2016 president over by Ms. Justice Smt. Mridula Mishra whereby she has dismissed the application filed by the petitioner and Patna High Court CWJC No.18396 of 2016(2) dt.05-08-2025 2/3 affirmed the impugned order dated 23-07-2013 passed in pre-emption appeal no. 80 of 2006-07 passed by the Collector, Siwan as well as the order dated 15-02-2007 passed is pre-emption case no. 98 of 2003-04 passed by Depty Collecter, Land Reforms, Siwan and order dated 30.01.2016 passed by the Commissioner, Saran Division, Chapra in Land ceiling revision case no. 348 of 2013 where under the Hon'ble Land Tribunal without going into the merits and documentary evidence of the case, illegally affirmed the illegal order passed by collector, D.C.L.R, Siwan and Commissioner is very mechanical, casual and suspicious manner rejecting the petition filed by the petitioner without applying of judicial mind as the facts in question is admittedly a agricultural land which has mentioned is khatiyan and sale deed as Arazikast. (ii) That during the pendency of this application before this Hon'ble Court the operation of impugned order may be stayed. Patna High Court CWJC No.18396 of 2016(2) dt.05-08-2025 3/3 (iii) Any other relief or reliefs as your lordship may deem fit and proper in the facts and circumstances of the case.” 3. Learned counsel for the petitioner prays for withdrawal of the petition with liberty to approach the appropriate authority/court for the redressal of the grievance. 4. Granting said liberty, the writ petition stands disposed of as withdrawn. vinayak/- (Rajiv Roy, J) U