Disposed

Md. Tafizul and Anr. v. The State Of Bihar and Ors.

Patna HC4 Jan 2024CWJC/6584/2016

Case brief

AI extract

What is this about?

Petitioners challenged a 1994 collector's order declaring their land surplus and sought reopening of the original ceiling case. After arguments they sought withdrawal with liberty to file a representation before the Collector, which was granted; the Collector must dispose of any representation filed within six weeks in accordance with law.

What did the court decide?

Withdrawal permitted with liberty to file representation before Collector, Purnea within six weeks for disposal in accordance with law after hearing parties.

Md. Tafizul and Anr. Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6584 of 2016

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Md. Tafizul, son of Md. Tainus

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Md. Shafique @ Md. Shafiqul Son of Md. Tainus Both Resident of villageSadhubaili Babu Tola, P.S.- Kasba, District- Purnea

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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, Purnea Dist. Purnea

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Murshed Ali son of Late Amjad Ali

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Ansul son of Late Amjad Ali

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Mejbool son of Late Amjad Ali

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Abu Tahir, son of Late Amjad Ali

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Rahman son of Tamijuddin, All Respondent of village- Sadhubaili P.S. Kasba, District- Purnea

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... ... Respondent/s

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Appearance :

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For the Petitioners : Mr. Nadimul Hasan, Advocate For the State : Mr. Ajay, GA-12

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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2 04-01-2024

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Heard learned counsels for the parties.

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This writ application has been filed for the

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following reliefs:-

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“I) For issuance of a writ of certiorari or any other appropriate writ/order/direction for quashing the order dated 03.02.1994 in Misc. Ceiling case no- 594 of 9091 passed by the collector has declared the land as surplus land along with the land of the petitioners of mouja sadhbaili thana kasba thana no. 143 R.S KHATA NO. 13 R.S PLOT NO. 306 Area 10 Decimal of land. Where the other ceiling case no vide ceiling case no. 5 of 73-74 already pending against the land above of the petitioner.

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ii) For issuance of a writ or, writs, order or orders, direction to the concerning respondents to re-open the

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Patna High Court CWJC No.6584 of 2016(2) dt.04-01-2024 2/2

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original ceiling case no. 05/73-74 and declared the land as surplus land whether the land in question is purchased land of the petitioners so the land of the petitioner has wrongly been declared as surplus land along with the ceiling case no. 594/90-91.

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iii) For issuance for grant of any other relief or reliefs for which the petitioner may be deemed entitled.”

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After some arguments, learned counsel appearing on behalf of the petitioners seeks permission to withdraw this writ application with liberty to the petitioners to move before the Collector, Purnea (Respondent No. 2), by way of filing representation, in accordance with law.

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Permission is accorded.

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This writ application stands disposed of as withdrawn with liberty as prayed for.

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In the event the petitioners file representation along with all the necessary documents and details in support of their claim within a period of six weeks from today, the Collector, Purnea (Respondent No. 2) shall dispose of the same, in accordance with law, after hearing the parties.

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(Prabhat Kumar Singh, J)

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shashank/-

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Md. Tafizul and Anr. v. The State Of Bihar and Ors.

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Md. Tafizul and Anr. v. The State Of Bihar and Ors.

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