Patna High Court
Mohammad Isteyaq Alam @ Md. Inteyaq AlamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- S B P SINGH
Holding
The High Court held that the District Judge, Nawada, must dispose of Title Appeal No. 09 of 2018 without further delay, in compliance with the earlier directions of the Court.
Summary
The petitioners filed a civil miscellaneous application seeking the High Court’s intervention to compel the District Judge, Nawada, to dispose of Title Appeal No. 09 of 2018, which remains pending despite a decree in the original Title Suit No. 167 of 2005. The petitioners argued that the district court had ignored earlier directions issued by a coordinate bench of the High Court in CWJC No. 9548 of 2025, which mandated disposal of the appeal by the end of the year. The respondents contended that no specific order had been breached, but the High Court noted the continued delay. Relying on the earlier order, the Court directed the district court to take up and dispose of the appeal without further postponement. Both parties were instructed to cooperate in ensuring the prompt conclusion of the appeal.
Issues considered
- Whether the delay in disposing Title Appeal No. 09 of 2018 violates the procedural directives of the High Court.
- Whether the High Court can issue a mandatory direction to the District Judge to expedite the pending appeal.
- Whether the earlier order in CWJC No. 9548 of 2025 is enforceable against the respondents.
Subjects
- title appeal
- judicial delay
- court directions
- civil miscellaneous jurisdiction
- enforcement of orders
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.392 of 2026
======================================================
1. Mohammad Isteyaq Alam @ Md. Inteyaq Alam Son of Mohammad Ishaque
@ Mohammad Ishaque Ahsani, Resident of Village Pihara, Post Office and
Police Station Gowan, District Giridih. At present residing at Revenue
Village - Gondapur (Now part of Nawada Town), Post Office and Police
Station and District - Nawada.
2. Mohammad Islam, Son of Mohammad Ishaque @ Mohammad Ishaque
Ahsani, Resident of Village - Pihara, Post Office and Police Station -
Gowan, District - Giridih, at present residing at Revenue Village - Gondapur
(Now Part of Nawada Town), Post Office and Police Station and District -
Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Revenue and
Land Reforms Department, Government of Bihar, Patna.
2. The District Magistrate, Nawada.
3. The Sub Divisional Officer, Nawada Sadar, Nawada.
4. The Circle Officer, Nawada.
5. The S.H.O., Nawada Sadar, Nawada.
6. Bibi Sajida Begum @ Khatoon @ Sajda Khatun, Wife of Late Mohammad
Nayeemuddin, Resident of Mohalla Musteum Road, Nawada Town, Post
Office Nawada, Police Station Nawada, District Nawada, Bihar, 805110.
7. Mohammad Kaisher Ali, Son of Late Naimuddin @ Late Mohammad
Nayeemuddin, Resident of Mohalla Musteum Road, Nawada Town, Post
Office Nawada, Police Station Nawada, District - Nawada, Bihar, 805110.
8. Mohammed Yusuf, Son of Mohammed Ishaque @ Mohammed Ishaque
Ahsani, Resident of Village Pihara, Post Office Gowan, District - Giridih, at
present residin at Revenue Village - Gondapur (Now part of Nawada Town),
Police Station and Police Station and District - Nawada.
9. Mustaque Alam, Son of Mohammed Ishaque @ Mohammed Ishaque Ahsani,
Resident of Village Pihara, Post Office Gowan, District - Giridih, at present
residin at Revenue Village - Gondapur (Now part of Nawada Town), Police
Station and Police Station and District - Nawada.
10. Mohammaed Isteyaq Alam, Son of Mohammed Ishaque @ Mohammed
Ishaque Ahsani, Resident of Village Pihara, Post Office Gowan, District -
Giridih, at present residin at Revenue Village - Gondapur (Now part of
Nawada Town), Police Station and Police Station and District - Nawada.
11. Mohammed Ishar, Son of Mohammed Ishaque @ Mohammed Ishaque
Ahsani, Resident of Village Pihara, Post Office Gowan, District - Giridih, at
present residin at Revenue Village - Gondapur (Now part of Nawada Town),
Police Station and Police Station and District - Nawada.
12. Mohammed Islam, Son of Mohammed Ishaque @ Mohammed Ishaque
Ahsani, Resident of Village Pihara, Post Office Gowan, District - Giridih, at
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present residin at Revenue Village - Gondapur (Now part of Nawada Town),
Police Station and Police Station and District - Nawada.
13. Savita Devi, Wife of Upendra Kumar, Resident of Village Fuldih, Post
Office - Fuldih, Police Station - Rupau, District - Nawada.
14. Sunanina Devi, Wife of Dhirendra Kumar, Resident of Village Fuldih, Post
Office - Fuldih, Police Station - Rupau, District - Nawada.
15. Mohammed Haider, Son of Late Md. Nayeeduddin, resident of Mohalla
Postmortem Road, Police Station Nawada Town, District Nawada.
16. Mohammed Manauyer Alam, Son of Late Md. Nayeeduddin, resident of
Mohalla Postmortem Road, Police Station Nawada Town, District Nawada.
17. Mohammed Manjur Alam, Son of Late Md. Nayeeduddin, resident of
Mohalla Postmortem Road, Police Station Nawada Town, District Nawada.
18. Shahin Praveen, Wife of Md. Shahaq, Resident of Mohalla Postmortem
Road, Police Station Nawada Town, District Nawada.
19. Sabana Afrin, Wife of Md. Majeed, Resident of Village Nauranga, Post
Office Manpur, Police Station - Gaya Muffasil, District - Gaya.
20. Afsana Afrin, Wife of Md. Farid, Resident of Village - Fusro, Post Office
and Police Station - Fusro, District - Giridih (Jharkhand).
21. Yasmin Praveen, Daughter of Late Md. Nayeemuddin, Resident of Mohalla
Postmortem Road, Police Station Nawada Town, District - Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bipin Kumar
For the Respondent/s : Mr.Government Pleader (24)
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 31-03-2026 Heard the parties.
2. The instant application has been filed on behalf of
petitioner for grant of the following reliefs:-
“I. For directing the respondents to
immediate dispose of the Title Appeal filed in
Title Appeal No. 09 of 2018 pending in the
Court of learned District Judge, Nawada within
the time as framed by the Court.
II. For commanding the respondents
as to why the delay has been occurred in
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disposing the title appeal as filed by the
respondents specially the respondent no. 6 Bibi
Sajida Begum @ Khatoon @ Sajida Khatoon
and respondent no. 7 Mohammad Kausar Ali.
III. For commanding the respondents
despite specific directions passed by the Bench
of this Hon’ble Court in CWJC No. 9548 of
2025 the delay has been occurred in disposing
the appeal.
IV. For commanding the respondents
though the respondent no. 7 and 8 filed the writ
application in CWJC No. 9548 of 2025, still the
Title Appeal bearing No. 09 of 2018 has not
been disposed of.”
3. Learned counsel for the petitioner submits that Title
Suit No. 167 of 2005 was filed by the plaintiff/petitioner which
was decreed. Against that judgment and decree
defendant/respondent preferred Title Appeal No. 09 of 2018
which is pending before the Court of learned District Judge,
Nawada. Learned counsel further submits that respondent of the
present appeal has earlier filed a CWJC No. 9548 of 2025 in
which a Co-ordinate Bench of this Court held as under:-
7. Since the grievance of the
petitioner is that the Title Appeal Suit No.
9/2018 is not being taken to its logical
conclusion despite the same having been
filed in the year 2018, it is high time that the
concerned Court takes up the matter
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including any interim petition preferred by
the petitioner and the same should be taken
to its logical conclusion at an earliest
preferably by the end of this year.
4. Learned counsel also submits that despite of
aforesaid order, Title Appeal No. 09 of 2018 has not been
decided till date.
5. In this view of matter, learned District Judge,
Nawada, is again requested to dispose of the aforesaid Title
Appeal at the earliest. Both the parties are also directed to
diligently co-operate in the disposal of the said appeal.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U
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