Patna High Court
Mustaque AlamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court disposed of the writ petition without adjudicating the merits, granting the petitioner liberty to seek alternative remedies.
Summary
The petitioner, Mustaque Alam, filed a writ petition seeking the quashing of Notification No. 2960 dated 03.11.1993, which declared certain lands as surplus, and requested that these lands be excluded from the surplus column in the Purnea district land ceiling case. He also sought directions to prevent the distribution of the lands to strangers and to protect his possession. The respondent State authorities opposed the reliefs. After hearing counsel, the petitioner indicated an intention to pursue an alternative remedy. The court, without addressing the merits, granted the petitioner liberty to explore other remedies and disposed of the writ petition.
Issues considered
- Whether the writ petition for quashing Notification No. 2960 is maintainable.
- Whether the court can direct exclusion of the lands from the surplus column in the land ceiling case.
- Whether the court can restrain the distribution of the lands to strangers and protect the petitioner's possession.
Subjects
- land acquisition
- surplus land
- land ceiling
- writ petition
- quashing notification
- property rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17727 of 2019
======================================================
Mustaque Alam Son of Late Mahbub Alam Resident of Village- Kayami, P.S.-
Kasba, District- Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Collector, Purnea.
2. The Additional Collector (Ceiling) Purnea.
3. The Deputy Collector Land Reforms, Sadar, Purnea.
4. The Anchal Adhikari Kasba, Purnea.
5. Madan Chand @ Chandra Shekhar Son of Late- Chunni Lal Sah Resident of
Village- Madarghat, P.S.- Kasba, District- Purnea.
6. Md. Idrish Son of Late- Md. Siddique Resident of Mohalla- Kasab Tola,
Line Bazar, P.S.- K. Hat, District- Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Anand, Adv.
For the Respondent/s : Mr. Sajid Salim Khan ( Sc25 )
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 07-01-2026 Heard Mr. Amit Kumar Anand, learned counsel for
the petitioner and the State.
2. The present application has been preferred for the
following relief(s):
(i) For quashing the Notification
No. 2960 dated- 03.11.1993 published in
Purnea district gazette issue No. 36 dated-
09.11.1993 at Annexure- 1 so far it relates to
acquisition of the lands in Question as
surplus.
(ii) For issuance of a direction to
the government respondents authorities
Patna High Court CWJC No.17727 of 2019(3) dt.07-01-2026
2/2
specially the respondent No.1 and 2 for
exclusion of the lands in Question from the
column of surplus lands in Purnea district
Land Ceiling Case No. 09 of 1973-74 (State
Versus Chunni Lal Sah).
(iii) For issuance of a further
direction to the respondents authorities for
not distributing the lands in question to
strangers and for not taking action for
dispossessing the petitioners there from.
(iv) For any other relief or reliefs
as deemed fit and proper in the interest of
justice.
3. After some argument, learned counsel for the
petitioner submits that he shall be exploring alternate remedy in
the matter.
4. Granting said liberty and without commenting on
the merit of the case, the writ petition is disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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