Patna High Court
Md. Shekh RahamtullahversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court disposed of the writ petition without adjudicating the merits, granting the petitioner liberty to approach the Collector for relief.
Summary
Petitioner Md. Shekh Rahamtullah filed a writ petition seeking a certiorari to quash an order dated 18-12-2014/09-01-2015 issued by the Circle Officer, Madhepur, which granted a parcha in favor of respondents Kanni and Md. Hussain over land claimed by the petitioner (Khata No. 23, Khesra No. 2148). He also requested that the land be vacated and handed over to him as the rightful raiyat. The petitioner’s counsel argued that it would be sufficient to allow him to approach the Collector, Madhubani, for redress. The State counsel raised no objection. The court, without addressing the merits, granted the petitioner liberty to approach the Collector and disposed of the writ petition.
Issues considered
- What is the appropriate remedy for the petitioner to challenge the Circle Officer’s order granting possession to the respondents?
- Whether the court should issue a writ of certiorari to quash the order and direct the release of the land to the petitioner.
Subjects
- writ petition
- certiorari
- land possession
- parcha
- quashing order
- civil writ jurisdiction
- land reform
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8018 of 2018
======================================================
Md. Shekh Rahamtullah Son of Late Aghanu Resident of Village - Darah, P.S.
Bheja, District – Madhubani. ... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Collector, Madhubani.
3. The Deputy Collector, Land Reforms, Jhanjharpur, District - Madhubani.
4. The Circle Officer, Madhepur, District Madhubani.
5. Most. Kanni Wife of Late Jahid
6. Md. Hussain Son of Late Jahid Respondent No. 5 and 6 are residents of
Village - Darah, P.S. Bheja, District - Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramchandra Jha Raman, Advocate
For the Respondent/s : Mr.Rishi Raj Sinha, SC-19
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 13-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of an appropriate the
writ/writs order/orders in the nature of
certiorari for quashing/setting aside order
dated 18.12.2014/09.01.2015 contained in
Annexure-4 passed in Vasgit Parcha Case
No. 7/2013-14 by the Circle Officer,
Madhepur within District- Madhubani by
which Parcha has been issued in favour of
Respondent No. 5 and 6. And further for
Patna High Court CWJC No.8018 of 2018(2) dt.13-01-2026
2/2
directing and commanding the respondent
authorities to release and vacate the land of
petitioner bearing Khata No. 23, Khesra No.
2148, area 0-1-17 dhur situated at Darah,
P.S. Bhejha, District- Madhubani from the
possession of respondent no. 5 and 6 and
also hand over the said land in possession of
the petitioner who is raiyat/ land holder. And
further any other relief or reliefs for which
the petitioner is entitled from the facts and
circumstances of this case.
3. Mr. Ramchandra Jha Raman, representing the
petitioner submits that it will suffice that if he is allowed to
approach the Collector, Madhubani for the redressal of the
grievance.
4. Learned State counsel has no objection.
5. Granting said liberty and without commenting on
the merit of the case, the writ petition stands disposed of.
(Rajiv Roy, J)
Ravi/-
U
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