Patna High Court
Md. WazuddinversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The land has been removed from the restricted list, rendering the writ petition infructuous and leading to its disposal.
Summary
The petitioner, Md. Wazuddin, purchased 2.90 decimal of land (Khata No.136, Plot No.1308) by a sale deed dated 15-04-2024 and sought registration of the deed. The land was listed on the Rok Suchi/Restricted List maintained by the Department of Prohibition, Excise and Registration, preventing registration. The petitioner filed a writ petition requesting the District Sub‑Registrar to accept registration and the District Magistrate to remove the land from the restricted list. The respondents produced a counter‑affidavit showing that a report from the Circle Officer concluded the land was not government land and a District Level Committee resolved on 10-12-2025 to delete the 1.16 and 1.74 decimal portions from the restriction list. The petitioner was subsequently intimated, via Letter No.100 dated 07-01-2026, that the land had been removed from the restricted list. On this basis, the Court held the matter infructuous and disposed of the writ petition.
Issues considered
- Whether the land in question should be removed from the Rok Suchi/Restricted List under the Department of Prohibition, Excise and Registration.
- Whether the District Sub‑Registrar is obligated to accept registration of the sale deed after removal from the restricted list.
Subjects
- land registration
- restricted list
- Rok Suchi
- writ petition
- property dispute
- district sub‑registrar
- removal of restriction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8367 of 2025
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Md. Wazuddin S/o Late Mainul Haque R/o Village- Jatva, P.S. and Anchal-
Banjariya, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Department of Prohibition, Excise
and Registration, Government of Bihar, Patna.
2. The Secretary, Department of Prohibition, Excise and Registration,
Government of Bihar, Patna.
3. The District Magistrate, East Champaran.
4. The Additional Collector, East Champaran, Motihari.
5. The District Sub Registrar, Motihari, East Champaran.
6. The Deputy Collector Land Reforms, Sadar Motihari, East Champaran.
7. The Incharge Officer, District Revenue Section, East Champaran, Motihari.
8. The Circle Officer, Sadar Motihari, East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vagisha Pragya Vacaknavi, Advocate
For the Respondent/s : Mr.Standing Counsel (01)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 20-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(I) for directing the respondent authorities,
especially Respondent No.5- the District Sub
Registrar, Motihari to accept the registration
of any instrument / deed presented by the
petitioner in respect of his purchased land
being 2.90 decimal of land of Khata no.136,
Patna High Court CWJC No.8367 of 2025(2) dt.20-04-2026
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Plot No.1308, situated at Mauza Motihari,
Mohalla-Nakched Tola, Thana No. 122,
Tauzi No.644, P.S. Motihari Nagar, District-
East Champaran, purchased vide sale deed
executed on 15.04.2024 in his favour by
Mohammad Takreem Ahsan and Afsari
Khatoon;
(ii) for directing the respondent authorities,
especially, Respondent No.3-The District
Magistrate, East Champaran, to remove the
aforesaid purchased land of the petitioner
from the Rok Suchi/Restricted List, as
published by the Department of Prohibition,
Excise and Registration, Government of
Bihar, Patna as recommended in the report
contained in Letter No.2890 dated
18.10.2024 of the Circle Officer, Sadar
Motihari;
(iii) for any other relief/relief to which the
petitioners are found entitled in law..
3. A counter affidavit has come on behalf of the
District Sub-Registrar, Motihari.
Patna High Court CWJC No.8367 of 2025(2) dt.20-04-2026
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4. Learned counsel for the petitioner has taken to
para-6 to show that the petitioner has been intimated about the
removal of the land from the restricted list vide letter no. 100
dated 17.01.2026.
5. For the proper appreciation and for the benefit of
the petitioner, para-6 of the counter affidavit is recorded as
under:
6. That the facts remaining further on
behalf of respondent is that report in
the matter was called for from the
Circle Officer, Motthari Badar. da
verification, the Circle Offient,
Motihari submitted report Vide Letter
No.2090 dated 10,10,2024, from the
report, it was found that the land in
question is nut government land. The
District Level Committee considered
the report and resolved in its meeting
dated 10.12.2025 to remove area 1.16
decimal and 1.74 decimal portion of
the land in question as per area under
his Jamabandi from the restriction
Patna High Court CWJC No.8367 of 2025(2) dt.20-04-2026
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list. The petitioner may get sale deed
in respect of land in question
registered as and when he requires.
The petitioner has been intimated
removal of the land from the
restriction list vide Letter No. 100
dated 07.01.2026.
6. Considering the aforesaid facts now the land of the
petitioner stands removed from the restricted list as recorded
above, the matter has become infructuous, the writ petition is
accordingly, disposed of.
(Rajiv Roy, J)
Ravi/-
U
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