Mohammad Abbas Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14868 of 2024

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Mohammad Abbas, S/o Md Sahebjaan, Resident of Dariya Chapra, P.S.Mohammadpur Balmi, Motipur, District- Muzaffarpur.

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Rukhsana Khatoon, W/o Mohammad Abbas, Resident of Dariya Chapra, P.S.- Mohammadpur Balmi, Motipur, District- Muzaffarpur.

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Md. Nasim Raza, S/o Mohammad Abbas, Resident of Dariya Chapra, P.S.Mohammadpur Balmi, Motipur, District- Muzaffarpur.

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Md. Wasim @ Wasim Reza, S/o Mohammad Abbas, Resident of Dariya Chapra, P.S.- Mohammadpur Balmi, Motipur, District- Muzaffarpur.

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... ... Petitioner/s

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Versus

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The State of Bihar through Principal Secretary Department of Revenue and Land Reforms, Patna.

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Additional Collector, Muzaffarpur.

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D.C.L.R, Muzaffarpur West, Muzaffarpur.

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Sri. Ravi Kant, Father name not known to the petitioner Circle Officer, Motipur.

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Halka Karamchari, Motipur, Muzaffarpur.

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Motipur Zamandari Company Ltd.

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Superintendent of Post Office, Muzaffarpur.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Raghib Ahsan, Sr. Advocate Mr. Ashar Akhtar, Advocate For the Respondent/s : Mr. Sunil Kumar Mandal, AC-3 Mr. Bipin Kumar, AC to SC-3 ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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2 07-10-2024 Heard learned Senior Advocate appearing on behalf of

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the petitioner and the learned Advocate for the State.

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The petitioner is aggrieved by the order dated 08.02.2024 passed in Mutation Case No. 1398 R27/2023 by the Anchaladhikari Motipur (Respondent no. 4), whereby the application filed by the petitioners for mutation of the

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Patna High Court CWJC No.14868 of 2024(2) dt.07-10-2024 2/3

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petitioner’s name in respect of 26 decimal land appertaining to khata no. 266, plot no. 63, situated at Mauza Motipur has been rejected on the ground that the halka karmachari has reported that jamabandi of the land in question in running in the name of the post office.

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Learned Senior Advocate for the petitioner contended that the issue has already been set at rest in the earlier round of litigation, where the Director Post Office, north region, Muzaffarpur admitted the position that the land in question does not belong to the post office. It is further contended that the land in question is recorded in the name of Motipur Zamindari company and petitioner’s vendor, respondent no. 6, has been regularly paying rent for the land in question and obtaining rent receipts.

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Learned Advocate for the State on the other hand submitted that on being aggrieved by the impugned order, the petitioner has also preferred mutation appeal which is pending before Learned DCLR, respondent no. 3.

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In response to the aforesaid submission learned Senior Advocate submits that the appeal has been preferred, but till date neither the number of the mutation appeal has been assigned, nor any notice has been issued to the opposite parties.

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Patna High Court CWJC No.14868 of 2024(2) dt.07-10-2024 3/3

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Considering the afore-noted submissions advanced on behalf of the parties and taking note of the fact that the petitioner has already availed the statutory remedy and preferred a mutation appeal against the impugned order, which is pending before the learned DCLR, Muzaffarpur West, this Court deems it fit and proper to dispose of the writ petition with a direction to the respondent no. 3 to take up the mutation appeal preferred by the petitioner and bring it to its logical conclusion, after giving notice or proper opportunity of hearing to all the stake-holders, preferably within a period of 3 months from the date of receipt/production of a copy of this order.

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(Harish Kumar, J)

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supratim/-

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U

Mohammad Abbas v. The State of Bihar

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Mohammad Abbas v. The State of Bihar

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