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Patna High Court

Md. HanifversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that the writ petition must be disposed and the parties directed to approach a competent civil court for resolution of the dispute.

Summary

The petitioner, Md. Hanif, claimed caretaker rights over a parcel of land recorded as a Kabristan (graveyard) and sought a writ of certiorari to quash an order of the Bihar Land Tribunal that upheld a revision order favoring the respondents, as well as a writ of mandamus directing correction of the consolidation record to reflect government ownership. The respondents, including the State of Bihar and the Bihar State Sunni Wakf Board, contended that the land was raiyati (state) land and that the complex issues required adjudication by a competent civil court. The petitioner argued that the missing cadastral survey report hindered his claim, while the State counsel emphasized that the matter could not be resolved through writ jurisdiction. The High Court observed that all prior orders indicated that the dispute must be decided by a civil court and directed the parties to approach such a court for a final determination, without prejudice to earlier orders. Consequently, the writ petition was disposed, directing the parties to seek redress in the appropriate civil forum.

Issues considered

  • Whether the order of the Bihar Land Tribunal and the Director of Consolidation can be quashed by a writ of certiorari.
  • Whether the petitioner is entitled to a mandamus directing correction of the consolidation record to reflect government ownership of the Kabristan land.
  • Whether the dispute over the land should be adjudicated by a civil court rather than through writ jurisdiction.

Subjects

  • Writ jurisdiction
  • Certiorari
  • Mandamus
  • Land consolidation
  • Kabristan
  • Civil court jurisdiction
  • Bihar Land Tribunal
  • Encroachment

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.16266 of 2019
                 ======================================================
                 Md. Hanif Son of Late Raktu Mian Resident of Village- Panapur Gaurahi,
                 P.S.- Sadar, Hajipur, District- Vaishali (Bihar).

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Director, Consolidation, Patna, Bihar.
           2.    The Deputy Director of Consolidation Hajipur, Vaishali, Bihar.
           3.    Krishna Singh S/o Late Ramashish Singh Resident of Village- Dighikala,
                 P.S.- Sadar, Hajipur, District- Vaishali, Bihar.
           4.    The Circle Officer Hajipur, District- Vaishali, Bihar.
           5.    The Bihar State Sunni Wakf Board Patna Through its Chairman, 2 nd Floor,
                 Haj Bhawan, 34 Ali Imam Path, Harding Road, Patna, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Syed Firoz Raza, Sr. Advocate
                                        :       Mr. Sunil Kumar Singh, Advocate
                                        :       Mr. Kumar Devashish, Advocate
                 For the State          :       Mrs. Nutan Sahay, AC to AAG-12
                 For the Resp. No.3     :       Mr. Arbind Kumar Sinha, Advocate
                                        :       Mr. Ranjit Kumar Thakur, Advocate
                 For the Resp. No.5     :       Mr. Md. Helal Ahmad, Advocate
                                        :       Ms. Fakhra Tanaz Akhtar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   03-02-2026                     Heard Mr. Syed Firoz Raza, learned Senior Counsel

                   for the petitioner and Mr. Arbind Kumar Singh, learned counsel

                   representing the respondent no.3 as also Ms. Fakhra Tanaz

                   Akhtar, learned counsel representing the respondent no.5 beside

                   Mrs. Nutan Sahay, learned AC to AAG-12 representing the

                   State.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                 “to issue a writ in nature of Certiorari
Patna High Court CWJC No.16266 of 2019(5) dt.03-02-2026
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                             or appropriate writ/orders to quash the order of

                             learned single judge of Bihar Land Tribunal

                             dated 16.01.2019 passed in B.L.T Case No. 493

                             of 2014 whereby and whereunder the order of

                             learned Director Consolidation, Hajipur passed

                             in Revision Case No. 146/2011 dated 12.04.2012

                             has been upheld arbitrarily, unreasonably mere

                             on conjecture & surmises against the canons of

                             Law. The petitioner further prays for issuing a

                             writ of Mandamus directing the respondent

                             authorities to make necessary correction in

                             consolidation record of rights and enter the

                             name of Bihar Govt. in place of private

                             respondents with description as KABRISTAN

                             (Graveyard) as earlier to save kabristan-

                             land(graveyard)              from         unauthorised

                             encroachment/occupying              and   make   such

                             corresponding corrections in other revenue

                             records also pertaining to land in question in

                             that place and makes such corresponding

                             corrections in other revenue records also

                             pertaining to land in question.
Patna High Court CWJC No.16266 of 2019(5) dt.03-02-2026
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                                         The petitioner further seeks indulgence

                             of this Hon'ble Court to ensure that the peaceful

                             continuous possession of the land in question on

                             which kabristan situate, is not disturbed by

                             anyone unless in accordance with law.”


                      3. The matter relates to Khata No. 817, Plot No. 1129,

          area 18 decimal in Dighi Kala within Hajipur, Vaishali. While

          the petitioner’s claim to be the care taker of the said land which

          according to him in the Cadastral Survey has been recorded as

          “Kabragah”, the stand of the respondent no.3 is that it is their

          raiyati land.

                      4. The parties have fought and won the battle at one

          or the different stage which finally reached the doors of the

          Bihar Land Tribunal and while different orders have come, the

          consistent view of all the Courts is/are that the matter can be

          resolved only before a competent Civil Court. The claim of the

          petitioner is based on a Cadestral Survey Report.

                      5. Learned Senior Counsel for the petitioner submits

          that the Cadastral Survey Report is/are missing and that has put

          spoke in the wheels of the petitioner in moving forward.

                      6. Learned State counsel as also learned counsel for

          the Waqf Board jointly submit that complex questions are there
            Patna High Court CWJC No.16266 of 2019(5) dt.03-02-2026
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                      to be answered which can at best be adjudicated before the

                      competent Civil Court and that was also the view of the

                      authorities and has been agreed by the parties herein also.

                                  7. In that background, the Court disposes of the

                      matter allowing the parties to approach the competent Civil

                      Court for the redressal of the grievance and if any of the party

                      approaches the court, the same has to be taken to its logical

                      conclusion on the basis of materials available/evidences

                      adduced without being prejudiced by any of the order passed

                      earlier in the matter. If the State of Bihar is impleaded as party,

                      it also has to put forward its view including bringing on record,

                      the Cadastral Survey Report/Revisional Survey Report.

                                  8. The writ petition is disposed of with the aforesaid

                      observation.



                                                    (Rajiv Roy, J)
vinayak/-

U


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