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Patna High Court

Nazir Ahamad KhanversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




          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
                                                      3/3




                    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/-

U


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