Patna High Court
Kausar QaseemversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition was dismissed, with the court directing that any further relief must be sought in a civil court and that notice to all parties is mandatory before a final order.
Summary
The petitioner, Kausar Qaseem, a widow, filed a writ petition in the Patna High Court seeking a certiorari to quash an order dated 23 August 2021 passed by the Member Administrative of the Bihar Land Tribunal, which had set aside an earlier order of the Additional Collector Saran that itself had quashed a Deputy Collector's order allowing mutation of land in favor of respondent No.5 and issuance of a rent receipt. The petitioner argued that the Tribunal’s order was illegal and sought its reversal. The court allowed the petitioner to approach a competent civil court but emphasized that all parties must be given notice before any final order is passed. Consequently, the writ petition was disposed of without granting the relief sought. The decision underscores procedural fairness in land dispute adjudication.
Issues considered
- What is the legality of the Bihar Land Tribunal's order dated 23 August 2021 that set aside the Additional Collector's order?
- Whether the petitioner is entitled to a writ of certiorari to quash the Tribunal's order?
- Whether notice to all parties is required before the court passes a final order in such writ proceedings?
Subjects
- certiorari
- writ jurisdiction
- land tribunal
- mutation
- land reforms
- civil court
- notice requirement
- quashing order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.610 of 2023
======================================================
Kausar Qaseem Wife of Late Md. Qaseem, Resident of Mohalla-Sahebganj,
PO and PS-Chapra Town, District-Saran, presently residing at C-37, First
Floor, Sector-27, Noida (Uttar Pradesh).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms, Government of Bihar, Old Secretariat, Patna.
2. The District Magistrate, Saran, At and PO-Chapra, District-Saran.
3. The Additional Collector, Saran, At and PO-Chapra, District-Saran.
4. The Land Reforms Deputy Collector, Marhaura, At and PO-Marhaura,
District-Saran.
5. Lal Babu Ray, son of Nageena Ray, resident of Village-Pojhi Kapoor, P.S.-
Marhowrah, District-Saran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar, Advocate
For the Respondent/s : Mr.Sajid Salim Khan ( Sc 25 )
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 20-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of an appropriate
writ(s)/order(s)/direction(s) in the nature of
certiorari for quashing the order dated 23
August, 2021 passed by the learned Member
Administrative, the Bihar Land Tribunal,
Patna in B.L..T. Case No.163 of 2020,
whereby and where under the Member
Patna High Court CWJC No.610 of 2023(5) dt.20-04-2026
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Administrative, Bihar Land Tribunal, Patna
illegally set aside the order dated 10-12-
2019 passed by the learned Additional
Collector, Saran in Mutation Revision Case
No.05/2019, by which the learned Additional
Collector, Saran quashed the order dated
06-02-2019 passed by the learned Deputy
Collector, Land Reforms, Marhowrah in
Mutation Appeal Case No.09/2018-19, by
which the learned Deputy Collector, Land
Reforms. Marhowrah illegally allowed the
appeal by setting aside the order of the
Circle Officer, Marhowrah and illegally
directed to the Circle officer, Marhowrah to
mutate the name of the respondent no.5 and
also issue rent receipt in his favour;
(ii) to grant any other relief(s) to which the
petitioner is found entitled to in the facts and
circumstances of the case.
3. Mr. Jitendra Kumar, learned counsel for the
petitioner after some times submits that he shall be agitating the
matter before a competent Civil Court.
Patna High Court CWJC No.610 of 2023(5) dt.20-04-2026
3/3
4. Granting said liberty with an observation that if
such petition is preferred, each and every parties has to be put
on notice before the final order is passed, the writ petition is
disposed of.
(Rajiv Roy, J)
Ravi/-
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