Patna High Court
Md. NaseemversusThe State Of Bihar and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The petitions are dismissed as withdrawn.
Summary
Petitioner Md. Naseem filed a writ petition seeking a certiorari to quash Memo No.853 dated 26-08-2015 issued by the Deputy Collector, Land Reforms, Darbhanga, which directed private respondent No.6 to deposit 50% of his offer despite the petitioner having already deposited the full bid amount of Rs. 6,93,000 for the Bharwara Bazar/Hat auction. The petitioner alleged that the memo interfered with the settlement already made in his favour. The petition was later withdrawn on the instructions of the petitioner's counsel, Mr. Jagnnath Singh, through counsel Mr. Deepak Kumar. The court entertained the withdrawal and dismissed the petitions as withdrawn. All interlocutory applications, if any, were also disposed of.
Issues considered
- Whether the Deputy Collector's memo directing the private respondent to deposit 50% of his offer can be quashed by a writ of certiorari
Subjects
- writ jurisdiction
- certiorari
- land reforms
- auction settlement
- petition withdrawn
- deputy collector
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14409 of 2015
======================================================
Md. Naseem Son of Md. Tahir Resident of Village- Bharwara, Police Station-
Singhwara, District Darbhanga.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Additional Commissioner , Darbhanga Division, Darbhanga.
3. The Collector, Darbhanga.
4. The Deputy collector Land Reforms, Darbhanga.
5. The Circle Officer, Singhwara Circle, District Darbhanga.
6. Awadhesh kumar Sah son of Resident of Village- Bharwara, Police Station -
Singhwara, District Darbhanga.
... ... Respondent/s
======================================================
with
Miscellaneous Jurisdiction Case No. 1246 of 2016
In
Civil Writ Jurisdiction Case No.14409 of 2015
======================================================
Md. Naseem Son of Md. Tahir Resident of Village- Bharwara, Police Station-
Singhwara, District Darbhanga.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Mr. R.K. Khandalwal, the Divisional Commissioner, Darbhanga.
3. Mr. Bala Murgan D, the Collector, Darbhanga.
4. Mr. Priya Ranjan Raju, the Deputy Collector, Land Reforms, Darbhanga.
5. Mr. Swayambar Jha, the Circle Officer, Singhwara, District- Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 14409 of 2015)
For the Petitioner/s :
Mr.Jagnnath Singh, Advocate
For the Respondent/s : Mr.Raghwendra Kumar, SC-22
(In Miscellaneous Jurisdiction Case No. 1246 of 2016)
For the Petitioner/s : Mr. Deepak Kumar, Advocate
Mr.Jagnnath Singh, Advocate
For the Opposite Party/s : Mr.Raghwendra Kumar, SC-22
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
Patna High Court CWJC No.14409 of 2015(5) dt.27-01-2026
2/3
ORAL ORDER
5 27-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance writ in the nature of of a
certiorari or any other writ(s)/rule(s)
/direction (s) commanding the respondent
authorities for quashing the letter as
contained in Memo No.853 dated
26.08.2015 passed by the Deputy Collector
Land Reforms, Darbhanga directing the
private Respondent No.6 to deposit the
amount of 50% of the offer made by him
prior he is participating in the offer bid even
after the settlement of the Hat made in
favour of the petitioner, who deposited the
entire bid amount of Rs. 6,30,000/- with 10%
of the cost of the stamp for the purpose of
registration,i.e., an amount of Rs. 63,000/-
and thereby a total amount of Rs. Deposited
by him Rs. 6,93,000/- after he was declared
the highest bidder in the open bid advertised
by the respondents in daily Newspaper
Patna High Court CWJC No.14409 of 2015(5) dt.27-01-2026
3/3
"Prabhat Khabar dated 18.06.2015, and
thereby the respondents may be restrained
from interfering with the settlement, which
has been made in favour of the petitioner,
i.e., Bharwara Bazar / Hat under Singhwara
Circle, District Darbhanga.
3. Mr. Deepak Kumar, on the instruction of Mr.
Jagnnath Singh, learned counsel for the petitioners submits that
he may be permitted to withdraw the petitions.
4. Accordingly, the present petitions are dismissed as
withdrawn.
5. The Interlocutory Applications, if any, also stand
disposed of.
(Rajiv Roy, J)
Ravi/-
U
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