Patna High Court
Azhar Sharful HaqueversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that Title Suit No. 68 of 2023 is not related to the land in the writ petition and corrected the erroneous paragraph in the impugned order.
Summary
The petitioner, Azhar Sharful Haque, filed a civil review petition seeking correction of an order dated 12‑02‑2024 that had held a pending Title Suit No. 68 of 2023 to be related to the land in dispute. The petitioner contended that the title suit pertained to a different parcel (Khata No. 275/24, Khesra No. 184, Mauza Jogipur) and not the subject land (Khata No. 588, Plot No. 1400, Mauza Kumhrar). The court examined the plaint of the title suit and found the respondent’s affidavit statements erroneous, confirming that the suit is unrelated to the petitioner’s land. It also condoned a 23‑day delay in filing the review petition. Accordingly, the court modified paragraph 7 of the impugned order, correcting the factual error and disposed of the review petition.
Issues considered
- The factual correctness of the statement that Title Suit No. 68 of 2023 relates to the subject land.
- Whether the review petition filed after a 23‑day delay should be entertained.
- Whether the order dated 12‑02‑2024 should be corrected on the basis of the title suit’s actual description.
Subjects
- civil review
- title suit
- land dispute
- writ petition
- condonation of delay
- fundamental rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL REVIEW No.142 of 2024
In
Civil Writ Jurisdiction Case No.6560 of 2023
======================================================
Azhar Sharful Haque Son of Late Dr. Ghulam Sharful Haque resident of
Kumhrar House Campus, Dargah Shaharzan, P.S.- Sultanganj, P.O.-
Mahendru, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Department of Revenue and Land Reforms, Govt.
of Bihar, Patna.
3. The Director General of Police, Bihar, Patna.
4. The District Magistrate, Patna.
5. The Superintendent of Police, Patna.
6. The Additional Collector, Land Revenue (ACLR), Patna.
7. The Deputy Collector, Land Reforms, Patna City.
8. The Circle Officer, Patna Sadar, Patna.
9. Nawab Lal Yadav Son of Late Ram Babu Yadav, resident of Naya Tola,
behind Kriti Petrol Pump, P.O.- Bahadurpur Housing Colony, P.S.-
Agamkuan, District- Patna- 800026.
10. Ram Awadhesh Yadav Son of Late Ram Babu Yadav, resident of Naya Tola,
behind Kriti Petrol Pump, P.O.- Bahadurpur Housing Colony, P.S.-
Agamkuan, District- Patna- 800026.
11. Rohit Kumar Son of Nawab Lal Yadav resident of Naya Tola, behind Kriti
Petrol Pump, P.O.- Bahadurpur Housing Colony, P.S.- Agamkuan, District-
Patna- 800026.
12. Rahul Kumar Son of Nawab Lal Yadav, resident of Naya Tola, behind Kriti
Petrol Pump, P.O.- Bahadurpur Housing Colony, P.S.- Agamkuan, District-
Patna- 800026.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Majid Mahboob Khan, Adv.
For the Opposite Party/s : Mr. Additional Advocate General 12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 03-04-2026 I.A. No. 01 of 2024
The aforesaid I.A. has been preferred for condoning
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the delay of 23 days in filing the review petition.
2. For the reasons assigned in paragraph 6 and 7, I.A.
No. 01 of 2024 is allowed.
3. The delay of 23 days in filing the review is
condoned.
C. Rev. No. 142 of 2024
4. The present application has been preferred:
for reviewing the order dated
12.02.2024 passed by Hon'ble Mr. Justice Rajiv
Roy in C.W.J.C.No. 6560 of 2023, by which the
Hon'ble Court disposed of the aforesaid writ
petition on relying upon the para 11 of the counter
affidavit filed on behalf of the respondent no. 9 to
12 in which respondent no.9 to 12 made averments
that Title Suit No. 68 of 2023 has been filed in
terms of order dated 31.01.2023 passed in
L.P.A.No. 614/2022, which is absolutely not related
with subject land in the instant writ petition. The
subject land in the aforesaid writ application is
related with Khata No.588, Plot No. 1400 area 56,
situated in Mauza: Kumhrar, Thana No. 12, in
Patna Sadar Anchal, Patna whereas the aforesaid
Title Suit No. 68 of 2023 in which suit property
mentioned in Schedule-1 related with Khata No.
275/24, Khesra No. 184, area lacre 35 decimals,
under Thana No. 12, Tauzi No. 126, situated in
Mauza: Jogipur, P.S: Sultanganj, District: Patna.
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In the aforesaid facts and circumstances,
the Hon'ble Court has held in para 9 of the
impugned order that "In view of the fact that a title
suit has already been filed, the parties shall appear
and make their respective submissions so that the
title suit is taken to its logical conclusion." which
requires to be review by this Hon'ble Court and
pass an appropriate order as protector of
fundamental rights of the writ petitioner.
5. The aforesaid Civil Review petition has been
preferred for review of the order dated 12.02.2024 in CWJC No.
6560 of 2023 (Azhar Sharful Haque vs. State of Bihar) by which
the writ petition was disposed of granting relief to the
petitioners.
6. The contention is that in paragraph 7, it was
recorded that Title Suit No. 68 of 2023 is pending before the
learned Sub-Judge, Patna City where both the petitioners are
necessary parties.
7. The submission is that the said statement made in
paragraph 11 of the counter affidavit filed on behalf of the
respondents nos. 9 to 11 is/are incorrect inasmuch as, the actual
details of the land incorporated in the Title Suit No. 68 of 2023
is as follows:
Thana No.- 12;
Tauzi No.- 126;
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Khata No.- 275/24;
Khesra No. 184;
Area A-D- 1.35.
8. Respondent nos. 9 to 11 have marked their presence
and they also have accepted the fact that erroneously, it was
incorporated that the Title Suit No. 68 of 2023 relates to the
present land.
9. Learned State Counsel also submits that as per the
plaint of the Title Suit No. 68 of 2023, the land details are
different.
10. This Court has heard the parties and have perused
the plaint of the Title Suit No. 68 of 2023 which is part of the
civil review petition and concurs with the submissions put
forward by learned counsel for the petitioners that paragraph 7
needs to be reviewed.
11. In that background, this Court records that in
paragraph 7 of the order dated 12.02.2024 in the case of Ahar
Sharful haque vs. State of Bihar & ors. (CWJC No. 6560 of
2023), it be recorded that the Title Suit No. 68 of 2023 is not
related to the present land rather it relates to Thana No. 12,
Tauzi No. 126, Khata No. 275/ 2024, Khesra No. 184 (Area-
1.35 decimal) in Mauza Jogipur under Sultanganj Police Station,
Patna.
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12. With the aforesaid observation, Civil Review No.
142 of 2024 is disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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