Patna High Court

Md. JamiruddinversusThe State of Bihar.

Decided: 13 January 2026
Disposal: DISPOSED
Bench: PURNENDU SINGH

Holding

The writ petition is dismissed as withdrawn, permitting the petitioners to seek remedy before the competent authority.

Summary

The petitioners, three residents of Madhubani district, filed a writ petition against the State of Bihar and several officials seeking relief concerning land mutation matters. They later moved the court to withdraw the petition, invoking Section 9 of the Bihar Land Mutation Act, 2011, to pursue remedy before the appropriate authority. The court considered the procedural propriety of withdrawing a writ petition under the said statutory provision. Finding no impediment, the court allowed the withdrawal and dismissed the writ petition. The petitioners were granted liberty to approach the competent authority for their relief.

Issues considered

Whether a writ petition can be withdrawn under Section 9 of the Bihar Land Mutation Act, 2011

Legislation cited

Bihar Land Mutation Act, 2011 — s. 9

Subjects

writ petition
withdrawal
land mutation
Section 9
Bihar Land Mutation Act

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.11131 of 2021
                  ======================================================
            1.     Md. Jamiruddin Son of Lal Mohammad, Resident of Village - Sugauna,
                   Basauli, P.S.- Rahika, District-Madhubani.
            2.    Md. Janif, Son of Lal Mohammad, Resident of Village - Sugauna, Basauli,
                  P.S.- Rahika, District-Madhubani.
            3.    Khairun Nisha @ Khaitoon, Wife of Sattar Nadaf, Resident of Village -
                  Sugauna, Basauli, P.S.- Rahika, District-Madhubani.
                                                                       ... ... Petitioner/s
                                                     Versus
            1.    The State of Bihar
            2.    The Collector, Madhubani.
            3.    The Additional Collector, Madhubani.
            4.    The Circle Officer, Rahika, Madhubani.
            5.    Md. Tasleem, Son of Late Matnu Nadaf, Resident of Village - Sugauna
                  Basauli, P.S. Rahika, District - Madhubani.
            6.     Md. Zainul, Son of Taslim, Resident of Village - Sugauna Basauli, P.S.
                   Rahika, District - Madhubani.
                                                                       ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :     Mr.Saroj Kumar, Advocate.
                  For the State          :     Mrs. Surekha Kumari, AC to GP-18.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

3    13-01-2026                     Heard learned counsel appearing on behalf of the

                    petitioners and learned counsel for the State.

                                  2. Learned counsel appearing on behalf of the

                    petitioners seeks to withdraw the present writ petition to avail

                    remedy before the competent authority in accordance with the

                    provision of Section 9 of the Bihar Land Mutation Act, 2011.

                                  3. The writ petition stands dismissed as withdrawn

                    with aforesaid liberty to the petitioners.


                                                           (Purnendu Singh, J)

mantreshwar/-

U

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