Patna High Court
Nazir Ahamad KhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court held that the District Collector cum Registrar must dispose of the pending representation within six months, after hearing, and issue a reasoned order.
Summary
Petitioner Nazir Ahmad Khan filed a writ application seeking a direction to remove his land from the banned list and to compel the District Collector cum Registrar of Rohtas to dispose of a representation he had filed on 20 January 2022, which remained pending. The petitioner argued that a timely decision was essential and requested a fixed time‑frame with a hearing. The State did not oppose the limited prayer. The Court, noting the narrow scope of the request, ordered the District Collector cum Registrar (respondent no. 4) to hear the petitioner and dispose of the pending representation within six months, delivering a reasoned order, and to extend any relief granted within three months thereafter. All interlocutory applications were deemed disposed, and the writ application was closed.
Issues considered
- Can the High Court direct a District Collector cum Registrar to dispose of a pending representation within a specified time‑frame?
- Whether the petitioner is entitled to have his land removed from the banned list through this writ application?
Subjects
- writ jurisdiction
- administrative direction
- pending representation
- land ban
- district collector
- reasoned order
- civil writ
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7938 of 2024
======================================================
1. Nazir Ahamad Khan son of Wali Ahamad Khan, resident of Village-
Akbarpur, P.S. Nauhatta, District-Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Department of
Registration, Bihar, Patna.
2. The Registrar General, Government of Bihar, Patna.
3. The Assistant Registrar (General), Patna Division, Patna.
4. The Registrar cum District Collector cum District Registration, Rohtas.
5. The Sub Registrar Office of Registration, Dehri, Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh
For the Respondent/s : Mr. Arvind Kumar, AC to Ex-GA (9)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 01-05-2026 Heard learned counsel for the petitioner and learned
counsel for the respondent-State.
2. With the consent of both the parties, this writ
application is being disposed of at this stage itself.
3. The present writ application has been filed for
issuance of direction upon the respondent nos. 4 and 5 to
remove the land in question from the banned lists of land
holding.
4. After advancing some argument, learned counsel
for the petitioner submits that for seeking the aforesaid reliefs,
the petitioner has already filed a representation dated
Patna High Court CWJC No.7938 of 2024(3) dt.01-05-2026
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20.01.2022 (Annexure P/5) before the District Collector cum
Registrar, District Registration, Rohtas, which is still pending.
He, therefore, submits that an appropriate direction be issued to
the District Collector cum Registrar, District Registration,
Rohtas to dispose of the pending representation of the petitioner
within a fixed time frame, after giving an opportunity of hearing
to the petitioner.
5. To the aforesaid prayer being made by learned
counsel for the petitioner, learned counsel appearing for the
respondent-State does not have any objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioner, this writ application
is disposed of directing the District Collector cum Registrar,
District Registration, Rohtas (respondent no. 4) to dispose of the
pending representation of the petitioner dated 20.01.2022
(Annexure P/5) within six months from the date of production
of a copy of this order by the petitioner, after giving an
opportunity of hearing to the petitioner. Needless to emphasize
that the final order which shall be passed by the District
Collector cum Registrar, District Registration, Rohtas should be
a reasoned and speaking order. In case, the petitioner is found
entitled to the relief which he has claimed through the
Patna High Court CWJC No.7938 of 2024(3) dt.01-05-2026
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representation, the same shall be extended to the petitioner
within a further period of three months from the date of passing
of the final order.
7. With the aforesaid observation/direction, this writ
application is disposed of. All pending interlocutory
application(s), if any, shall also be deemed to have been
disposed of.
(Alok Kumar Sinha, J)
kiran/-
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