Disposed¶33

Noorain Mian @ Nurain Mian v. The State Of Bihar and Ors.

Patna HC6 May 2025CWJC/16844/2017

Case brief

AI extract

What is this about?

Patna High Court; CWJC No.16844 of 2017; Rajiv Roy, J; disposed 06-05-2025; writ petition disposed; matter to be decided before competent civil court; Bihar Land Tribunal, Patna; B. L. T. Act, 2009 section-9; B. L. T. Case No.209 of 2015; Bhoodan Bedakhali Appeal No.07 of 2013; Collector Gopalganj order 19.12.2014 set aside; Habibun Nesa, Amirun Nesa, Samiun Nesa; Noorain Mian @ Nurain Mian; Kuchaikot; Gopalganj; District Bhoodan Yajn Committee; certiorari; limitation petition; eight-year pendency.

What did the court decide?

Liberty to the petitioner to approach the competent civil court for the redressal of his grievance; the court concerned, while dealing with the limitation petition, is to take into account the eight-year pendency of the writ petition. ¶33

Noorain Mian @ Nurain Mian Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16844 of 2017

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Noorain Mian @ Nurain Mian S/o Late Abdul Gafur Miya, Resident of VillMahuwan, P.S.- Kuchaikot, Distt- Gopalganj.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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The Circle Officer, Kuchaikot, Gopalganj.

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The Land Reform Deputy Collector, Gopalganj.

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The Collector, Gopalganj.

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Habibun Nesa,

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Amirun Nesa,

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Samiun Nesa, All three are daughters of Late Amanullah Mian, Resident of Vill- Mahuawan, P.S.- Kuchaikot, Distt- Gopalganj.

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The Karyalay Mantri, District Bhoodan Yajn Committee, Gopalganj.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Choudhary, Advocate For the State : Mr. Manoj Kumar Sinha, AC to SC-19 For the Bhoodan Committee : Mr. Rajni Kant Singh, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 06-05-2025 Heard the parties.

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The present petition has been filed for the grant of

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following relief(s):

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“for issuance of writ/writs, order/orders, direction/directions in the nature of Certiorari for quashing the order dated 21.07.2017 passed in B. L. T. Case No.209 of 2015 (Habibun Nesa & Ors. Vs. The State of Bihar & Another) (as contained in Annexure-7 of the writ petition) by

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Patna High Court CWJC No.16844 of 2017(2) dt.06-05-2025 2/3

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the learned Administrative Member Sri K. P. Ramaiah of The Bihar Land Tribunal, Patna whereby and whereunder the application filed under section-9 of the B. L. T. Act, 2009 by the respondent nos.5 to 7 has been allowed and order dated 19.12.2014 passed by the Collector, Gopalganj in Bhoodan Bedakhali Appeal No.07 of 2013 has been set aside and further for issuance of appropriate writ/writs or order/orders or direction/directions or relief/reliefs for which the petitioner is found entitled in view of the facts and circumstances of the case.”

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A counter affidavit is on record and this Court has perused the order passed by the learned Member, Administrative, Bihar Land Tribunal, Patna.

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Learned State counsel submits that such matter has to be decided before competent civil court and not in writ petition.

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This Court is in complete conformity with the submissions of the learned State counsel. At this stage, learned counsel for the petitioner submits that he shall be approaching

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Patna High Court CWJC No.16844 of 2017(2) dt.06-05-2025 3/3

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the competent civil court for the redressal of the grievance.

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