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Patna High Court

Arjun Lal AgrawalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The order dated 25.08.2025 is recalled and the Collector is directed to dispose of the Revenue Cancellation Appeal No. 03 of 2025 within two months, with the parties maintaining status quo.

Summary

The petitioner, Arjun Lal Agrawal, filed a civil review challenging the High Court's order dated 25.08.2025 which had recorded that an injunction was passed ex‑parte in a revenue cancellation appeal. The petitioner argued that the Collector of Araria had heard both parties on 10.06.2025 and that the order was not ex‑parte, and further contended that the injunction order lacked any reasoning. The Court examined the record, noting that the Collector’s injunction order indeed did not state any reasons and that the earlier observation of an ex‑parte hearing was incorrect. Consequently, the Court recalled the impugned order of 25.08.2025, directed the District Magistrate to dispose of the Revenue Cancellation Appeal No. 03 of 2025 within two months, and ordered both parties to maintain the status quo over the disputed property. The civil review was thereafter disposed of.

Issues considered

  • Whether the order dated 25.08.2025 was passed ex‑parte without hearing the parties
  • Whether the injunction order issued by the Collector was valid despite lacking reasons
  • Whether the High Court should recall the impugned order and direct disposal of the revenue appeal

Subjects

  • ex‑parte hearing
  • injunction
  • revenue cancellation appeal
  • mutation cancellation
  • status quo
  • civil review
  • procedural fairness

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       CIVIL REVIEW No.267 of 2025
                                                       In
                                Civil Writ Jurisdiction Case No.13459 of 2025
                 ======================================================
                 Arjun Lal Agrawal Son of Late Banwari Lal Agrawal, Resident of R.B. Lane,
                 Forbisganj, Ward No.-5, P.O. and P.S.-Forbisganj Magistrate, District-Araria.
                                                                             ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar through the Collector cum District Magistrate, Araria.
           2.    The Additional Collector, Araria.
           3.    The D.C.L.R. Forbisganj Magistrate, Araria.
           4.    The Circle Officer, Forbisganj Magistrate, Araria.
           5.     Jagdish Singh, son of Sardar Gurumukh Singh @ Gurumukh Singh,
                  Resident of Hospital Road (Ram Manohar Lohiya Path), Subhash Chowk,
                  Ward No.-7, Forbisganj, P.O. and Police Station-Forbisganj Magistrate,
                  District-Araria.
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. R. Giri, Sr. Advocate
                                                Mr. Harsh Vardhan, Advocate
                                                Mr. Harsh Raj, Advocate
                 For the State          :       Mr. Md. Harun Qureshi, AC to SC-01
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                                       ORAL ORDER

3   05-01-2026                   The instant Civil Review in CWJC No.13459 of 2025

                   has been filed by the original private respondent No.5, as

                   petitioner, against the original writ petitioner and others.

                                 2. It is contended by the petitioner against the order

                   dated 25.08.2025 passed by this Court in CWJC No.13459 of

                   2025 that this Court wrongly recorded in paragraph No.4 of the

                   impugned judgment that the petitioner was not given

                   opportunity of being heard and an ex-parte order of injunction

                   was passed in Cancellation of Revenue Appeal No.03/2025.

                                 3. The learned Senior Advocate for the petitioner
Patna High Court C. REV. No.267 of 2025(3) dt.05-01-2026
                                             2/3




          refers to an order dated 10.06.2025 to show that the writ-

          petitioner filed his Hajiri before the Court of Appeal and having

          heard both the parties, the Collector Araria passed an order of

          injunction directing the order dated 26.12.2024 passed in

          Mutation Cancellation Case No.262 of 2023-24 shall not be

          given affect to until further order. The next date was fixed on

          25.06.2025.

                        4. It is contended on behalf of the petitioner that when

          the impugned order dated 10.06.2025 was passed after hearing

          both the parties, the observation of this Court that the said order

          was passed ex-parte was wrong and the State-Respondents also

          did not assist the Court properly.

                        5. I have heard the learned Senior Advocate for the

          petitioner.

                        6. It is true that the writ-petitioner filed Hajiri in

          Revenue Cancellation Appeal No.03 of 2025 on 10.06.2025.

                        7. However, on perusal of the impugned order dated

          10.06.2025 this Court further finds that the Collector, Araria did

          not assign any reason in favour of his passing order of

          injunction. The impugned order is bereft of any reason.

                        8. Be that as it may in the writ petition, the Collector,

          Araria was directed to dispose of the petition for temporary
             Patna High Court C. REV. No.267 of 2025(3) dt.05-01-2026
                                                          3/3




                       injunction giving opportunity to the parties.

                                    9. Though, the impugned order does not state any

                       reason as to why the order of injunction was issued. Since, this

                       Court passed the order directing the Collector, Araria to dispose

                       of the injunction petition in CWJC No.13459 of 2025 in

                       connection with Revenue Cancellation Appeal Case No.03 of

                       2025, the said order ought not to have been passed only on the

                       ground of ex-parte hearing of the petition for injunction.

                                    10. Therefore, the order dated 25.08.2025 passed in

                       CWJC No.13459 of 2025 is recalled.

                                    11. The District Magistrate, Araria is specifically

                       directed to dispose of the Revenue Cancellation Appeal Case

                       No. 03 of 2025 within two months from the date of

                       communication of this order.

                                    12. In the meantime, both the parties are directed to

                       maintain the status quo in respect of the property in question.

                                    13. With the above order, the instant civil review

                       stands disposed of.



                                                 (Bibek Chaudhuri, J)
mdrashid/-

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