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Patna High Court

Md. HasimversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The petition was dismissed as infructuous.

Summary

Petitioner Md. Hasim filed a writ petition in the Patna High Court seeking a certiorari to quash a notice dated 8 April 2025 issued by the Circle Officer, Darbhanga, which demanded documents related to Kheshara numbers 4884, 4879, and 4885 without any prior proceeding. The petitioner argued that the demand was illegal and sought appropriate relief. During the hearing, the petitioner’s counsel, Mr. Pramod Ban Bihari Singh, requested withdrawal of the petition, stating it had become infructuous. The Court, after hearing the parties, accepted the withdrawal and disposed of the petition as infructuous. No substantive merits were decided as the petition was withdrawn.

Issues considered

  • Whether a notice demanding documents in a land revenue matter can be quashed by a writ of certiorari when issued without any preceding proceeding

Subjects

  • writ petition
  • certiorari
  • quashing notice
  • land revenue
  • infructuous

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8422 of 2025
                 ======================================================
                 Md. Hasim Son of Late Munif Resident of Village- Kabaul, Police Station-
                 Jamalpur, District- Darbhanga.

                                                                    ... ... Petitioner/s
                                              Versus
           1.    The State of Bihar through Principal Secretary, Land and Revenue
                 Department, Patna.
           2.    The District Magistrate, Darbhanga.
           3.    The Circle Officer, Kiratpur, Darbhanga.
           4.    Kamate Alam, Son of Late Abdul Manan Resident of Village- Kabaul, Police
                 Station- Jamalpur, District- Darbhanga.
           5.    Shamse Alam, Son of Late Abdul Manan Resident of Village- Kabaul, Police
                 Station- Jamalpur, District- Darbhanga.
           6.    Noor Alam, Son of Late Abdul Manan Resident of Village- Kabaul, Police
                 Station- Jamalpur, District- Darbhanga.
           7.    Naushad Alam, Son of Late Abdul Manan Resident of Village- Kabaul,
                 Police Station- Jamalpur, District- Darbhanga.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :           Mr. Pramod Ban Bihari Singh, Adv.
                 For the Respondent/s   :           Mr. Government Advocate (3)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   17-03-2026                  Heard the parties.

                               2. The present application has been preferred:

                                                         for issuance of a writ in the nature
                                            of certiorari and other appropriate writ for
                                            quashing the notice dated 8.4.2025 Where in
                                            and whereby the respondent no. 3 demanded
                                            relevant document regarding Kheshara No.
                                            4884, 4879, 4885 Thagava situated at Mauza
                                            Jhagarua, Jamalpur from the petitioner
                                            without initiating any proceeding or any
                                            other      writ/    writs,     order/       orders   /
           Patna High Court CWJC No.8422 of 2025(2) dt.17-03-2026
                                                       2/2




                                            direction/directions which your lordships
                                            may deem fit and proper in the facts and
                                            circumstances of the case.
                                 3.    In the presence of learned State Counsel, Mr.

                     Subhash Prasad Singh, learned counsel for the petitioner, Mr.

                     Pramod Ban Bihari Singh prays for withdrawal of the petition as

                     it has become infructuous.

                                 4. Accordingly, the writ petition is disposed of as

                     infructuous.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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