Patna High Court
Tufail AhmadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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