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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12800 of 2025 ====================================================== Nand Kishore Tiwari S/o Late Harihar Tiwari, resident of Village and Post- Rahampur, P.S. Garkha, District- Saran. ... ... Petitioner/s Versus
1. The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Bihar, Patna. 2. The Commissioner, Saran Division, Saran at Chhapra. 3. The District Magistrate cum Collector, Saran at Chhapra. 4. The Sub-divisional Officer Madhaura, Saran. 5. The Sub-Registrar, Saran at Chhapra. 6. The Sub-Registrar, Madhaura, Saran. 7. The Circle Officer, Amnaur Circle, Amnaur, District- Saran. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ritika Kumari, Adv. For the Respondent/s : Mr. Government Pleader (20) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 18-08-2025 Heard, Mr. Prabhakar Singh, learned counsel for the petitioner duly assisted by Ms. Ritika Kumari and learned State Counsel. 2. The present writ petition has been preferred for the following relief(s): for issuance of appropriate writ/writs for directing and commanding the respondent authorities to recall the decision taken by the Respondent no. 5 and 6 who have stopped the sale and purchase of the land of petitioner bearing Khata no. 108, survey no. 797, 798 and 801 situated at
Patna High Court CWJC No.12800 of 2025(2) dt.18-08-2025 2/4 village Bhatha, Circle- Amnaur, District- Saran at Chhapra bearing jamabandi number 63 along with others on 02.12.2024 without issuing any order and without any any order of higher authorities, only on the basis of letter no. 604 dated 26.09.2019 issued to the respondent District Magistrate by the Respondent no. 4 through which direction was demanded for stopping the sale and purchase of the land of Kanpur Sugar mill which is closed, situated in Madhaura, Amnaur and Taraiya circle for which report has been received from the Circle Officer vide letter no.
726 dated 27.07.2019 according to which the land of the petitioner and others is raiyati land in view of khatiyan which were taken by Madhaura Sugar factory on lease and the same is parti(vacant) land, though as a matter of fact, land of the petitioner was taken by the Kanpur Sugar mill, Madhaura on lease in 1920 for opening weightment point (kanta) for loading and unloading the sugarcane, but it was never opened and later on, the sugar mill was closed and period of lease has been lapsed after which petitioner is owner of the said land for which even no direction has been given by any authorities but the respondent no. 5 and 6 have took decision to stop the sale and purchase of the
Patna High Court CWJC No.12800 of 2025(2) dt.18-08-2025 3/4 land which is totally misuse of power and for any other relief-reliefs that the petitioner is entitled to get. 3. The petitioner claims to own the land (bearing Khata no. 108, survey no. 797, 798 and 801 situated at village Bhatha, Circle- Amnaur, District- Saran at Chhapra bearing jamabandi number 63) and is aggrieved by the fact that no registry is taking place pursuant to the Collecor, Chhapra order as passed in the year 2017. 4. Learned State Counsel on the other hand submits that the order does not show the Collector, Saran at Chhapra has put a blanket ban rather he wanted a joint enquiry report and to act in accordance with law. 5. Learned counsel for the petitioner submits that it will suffice if the highest authority of the district, the Collector, Saran at Chhapra (respondent no. 3) takes a decision in the matter. 6. In that background, with the consent of the parties, the writ petition is disposed of allowing the petitioner to approach the Collector, Saran at Chhapra (respondent no.3) in next four weeks who shall after noticing all the parties including the respondent no.
5 to 7, namely the Sub-Registrars, Saran at Chhapra and Madhaura (Saran) as also the Circle Officer,
Patna High Court CWJC No.12800 of 2025(2) dt.18-08-2025 4/4 Amnaur (Saran) and/or the other relevant stakeholders pass a final order by 31.12.2025. Vijay Singh/- (Rajiv Roy, J) U