Patna High Court
Md. HanifversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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.
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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
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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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