Disposed¶31

Md. Sattar Parwez v. The State Of Bihar and Ors.

Patna HC6 Mar 2024CWJC/6312/2016

Case brief

AI extract

What is this about?

Keywords: jamabandi cancellation; Jamabandi Cancellation Case Nos. 229/15-16 and 230/15-16; Jamabandi Nos. 289 and 290; notice dated 08.02.2016; final order dated 05.03.2020; Additional Collector Samastipur; appeal under section 9(6)(a) Bihar Land Mutation Act, 2011; Collector Samastipur as appellate authority; Cancellation Appeal Nos. 371 and 372 of 2020; writ petition disposed of, no order required; Patna High Court; CWJC No. 6312 of 2016; Rajiv Roy, J.; decision date 06-03-2024; land mutation appeal remedy; Mahbul Haque; Mauza Kasba Ahar, Tajpur, Samastipur.

What did the court decide?

No substantive relief ordered; writ petition disposed of with petitioner to pursue Cancellation Appeal Nos. 371 of 2020 and 372 of 2020 before the Collector, Samastipur. ¶31

Md. Sattar Parwez Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6312 of 2016

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Md. Sattar Parwez son of Late Abdul Jabbar resident of Shahpur Baghauni, Police Station - Waini, District - Samastipur.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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The Collector, Samastipur.

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The Additional Collector, Samastipur.

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The Anchaladhikari, Tajpur, District - Samastipur.

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The Circle Inspector, Tajpur Kasba Ahar, P.S. Tajpur, District - Samastipur.

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The Halka Karamchari, Anchal - Tajpur, District - Samastipur.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Nafisuzzoha, Advocate Mr. Wasi Akhtar, Advocate Mr. Aiman Hassan, Advocate For the Respondent/s : Mr. Binod Kumar Sinha, A.C. to G.P.-7 ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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4 06-03-2024 Heard Mr. Aiman Hassan, learned Counsel appearing

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on behalf of the petitioner as also the State.

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2. The writ petition has been filed for the following

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reliefs:-

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(i) to quash the notices dated 08.02.2016, in Jamabandi Cancellation Case Nos. 229/15-16, 230/15-16 for cancelling Jamabandi Nos. 289 and 290 standing in the name of Mahbul Haque in respect of plot nos. 501, 502, 503 and 504 appertaining to khata nos. 576 measuring 2.57

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Patna High Court CWJC No.6312 of 2016(4) dt.06-03-2024 2/3

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acre situate Mauza Kasba Ahar, P.S.-Tajpur, District-Samastipur;

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(ii) to stay further proceedings in Jamabandi Cancellation Case Nos. 229/15-16 and 230/15-16.

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3. The petitioner was simply issued a notice by the Additional Collector, Samastipur in Jamabandi Cancellation Case No. 229/2015-16 which was challenged in the writ petition.

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4. Now after passage of time, a reply of respondent nos. 2 to 6 has been filed stating that the said Jamabandi Cancellation Case has been taken to its logical conclusion on 05.03.2020 when the final order was passed (Annexure-R/A to the counter affidavit).

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5. In paragraph-9, it has further been averred that the petitioner thereafter has preferred appeal under section 9(6)(a) of the Bihar Land Mutation Act, 2011 against the said reasoned order dated 05.03.2020 passed by the Additional Collector, Samastipur (in Jamabandi Cancellation Case Nos. 229/2015-16 and 230/2015-16) before the Collector, Samastipur and the same has been registered as Cancellation Appeal Nos. 371 of 2020 and 372 of 2020.

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Patna High Court CWJC No.6312 of 2016(4) dt.06-03-2024 3/3

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6. In that circumstance, learned Counsel for the

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petitioner candidly accept that he will be pursuing the remedy

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before the Appellate Authority i.e. the Collector, Samastipur.

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7. No order is required now.

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8. The writ petition stands disposed of.