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Patna High Court

Tufail AhmadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court disposed of the writ petition, granting the petitioner liberty to pursue the alternate remedy, without setting aside the ex‑parte order or demarcation report.

Summary

The petitioner, Tufail Ahmad, challenged an ex‑parte order dated 13‑07‑2023 and a demarcation report dated 06‑07‑2024 issued by the Deputy Collector, Land Reforms, West Champaran, alleging that he was not impleaded, no notice was given, and the decisions were made mechanically without considering prior demarcations. He sought to set aside both the order and the report and requested any other relief. The petitioner’s counsel indicated an intention to pursue an alternative remedy under land law. The Court, after hearing, granted the petitioner liberty to pursue the alternate remedy and disposed of the writ petition without granting the specific reliefs sought. The judgment also directed that if a petition is filed within four weeks, the concerned authority should consider the pending writ while dealing with the limitation petition.

Issues considered

  • Whether the ex‑parte order dated 13‑07‑2023 in Demarcation Appeal Case No.02/23‑24 can be set aside for lack of notice and hearing.
  • Whether the demarcation report dated 06‑07‑2024 can be set aside on similar procedural grounds.
  • Whether the petitioner is required to pursue the alternative remedy available under land law before approaching this Court.

Subjects

  • land demarcation
  • ex‑parte order
  • procedural fairness
  • writ jurisdiction
  • alternative remedy
  • limitation petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.19680 of 2024
                 ======================================================
                 Tufail Ahmad S/o- Jamil Ahmad, Resident of Village- Mangalpur, P.O.-
                 Dumaria, Anchal- Narkatiaganj, P.S.- Shikarpur, District- West Champaran.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Bihar, Patna.
           2.    The Additional Chief Secretary, Revenue and Land Reforms Department,
                 Government of Bihar, Patna.
           3.    The Collector, West Champaran, Bettiah.
           4.    The Additional Collector, West Champaran, Bettiah.
           5.    The Deputy Collector Land Reforms, Narkatiaganj, West Champaran.
           6.    The Circle Officer, Narkatiaganj, West Champaran.
           7.    The Anchal Amin, Anchal Office, Narkatiaganj, West Champaran.
           8.    Sarajul Haq Son of Late Noor Hasan Khan, Resident of Village- Mangalpur,
                 P.O.- Dumaria, Anchal- Narkatiaganj, P.S.- Shikarpur, District- West
                 Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :          Mr.Prashant Kumar, Advocate
                                                   Md. Manaur Alam, Advocate
                 For the Respondent/s   :          Mr.Government Pleader (26)
                 For respondent no.08   :          Mr. Sudheshu Kumar, Advocate
                                                   Mr. Sumit Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   27-04-2026                   Heard the parties.

                                 2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for setting aside Ex-Parte order dated

                                            13.07.2023 passed in Demarcation Appeal

                                            Case No. 02/23-24 by the Deputy Collector

                                            Land       Reforms       Narkatiagani,        West

                                            Champaran        whereby      and     whereunder,
Patna High Court CWJC No.19680 of 2024(3) dt.27-04-2026
                                            2/3




                                  without impleading the petitioner as party,

                                  without issuance of any notice and without

                                  hearing         the     petitioner,   the   D.C.L.R.,

                                  Narkatlagani (Respondent no 5) without

                                  application of judicial mind, in a mechanical

                                  manner,          and       without     taking    into

                                  consideration that measurement of the land

                                  in question has already been done twice by

                                  Demarcation            Case    no.-25/2012-13    and

                                  Demarcation            Case    no-36/2022-23     has

                                  allowed the Demarcation Appeal Case no.

                                  02/23-24 filed by private respondent no-8;

                                  (ii) for setting aside Ex-Parte Demarcation

                                  report dated 06.07.24 in Demarcation

                                  Appeal Case no-02/23-24 which has been

                                  prepared         without       issuance     of   any

                                  notice/information to the adjacent land

                                  owner/petitioner and in the absence of

                                  petitioner and his family members;

                                  (iii) for any such other relief or reliefs to

                                  which the petitioner may be found entitled in

                                  course of hearing of this writ application.
         Patna High Court CWJC No.19680 of 2024(3) dt.27-04-2026
                                                    3/3




                                3. Learned counsel for the petitioner after some

                   argument submits that he will take recourse to alternate remedy

                   available under the law of land.

                               4. Granting said liberty, the writ petition is disposed of .

                           5. If a petition is preferred in next four weeks, the

                   concerned authority/Court shall see to it that the writ petition

                   was pending before this Court while dealing with the limitation

                   petition.



                                                 (Rajiv Roy, J)
Ravi/-

U


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