Dismissed¶25

Shambhu Nath Tiwari v. The State of Bihar

Patna HC18 Sept 2025CWJC/3444/2024

Case brief

AI extract

What is this about?

Bihar; Patna High Court; CWJC No. 3444 of 2024; withdrawal of writ application with liberty; Bihar Land Mutation Act 2011 Section 9(7)(a); Collector Banka Appeal No. 141/2016-17 order dated 19.09.2023; Divisional Commissioner revision application; condonation of delay; reasoned order within four months; mutation appeal; land revenue; Banka district.

What did the court decide?

Application dismissed as withdrawn with liberty to challenge the order dated 19.09.2023 of the learned Collector, Banka in Appeal No. 141/2016-17 before the Divisional Commissioner under Section 9(7)(a) of the Bihar Land Mutation Act, 2011; a revision application filed within thirty days with a condonation-of-delay petition to be considered on merits and decided by reasoned order within four months. ¶25

Shambhu Nath Tiwari Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶25

Issue for consideration

Whether the petitioners may be permitted to withdraw the writ application with liberty to challenge the order dated 19.09.2023 passed by the learned Collector, Banka in Appeal No. 141/2016-17 before the Divisional Commissioner. +1 more

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Court's answer

Permission is granted to the petitioners to withdraw the writ application with liberty to challenge the order dated 19.09.2023 passed by the learned Collector, Banka in Appeal No. 141/2016-17 before the Divisional Commissioner under Section 9(7)(a) of the Bihar Land Mutation Act, 2011.

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Ratio / Principle

The application is dismissed as withdrawn with the aforesaid liberty.

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Key takeaways

If a revision application is filed before the Divisional Commissioner within thirty days from the date of this order, along with a condonation-of-delay petition, it shall be considered on its merits.ratio¶26
The Divisional Commissioner shall pass a reasoned order in accordance with law, after giving opportunity of hearing to all concerned, within four months from the date of filing of the revision application.ratio¶26

Detailed headnote1 paragraphs

Patna High Court, Civil Writ Jurisdiction Case No. 3444 of 2024 (Anil Kumar Sinha, J.), order dated 18-09-2025: writ application dismissed as withdrawn at the request of the petitioners (Shambhu Nath Tiwari and others), with liberty to challenge the order dated 19.09.2023 passed by the learned Collector, Banka in Appeal No. 141/2016-17 before the Divisional Commissioner under Section 9(7)(a) of the Bihar Land Mutation Act, 2011. The Court further directed that if a revision application is filed before the Divisional Commissioner within thirty days along with a condonation-of-delay petition, it shall be considered on its merits, and the Divisional Commissioner shall pass a reasoned order in accordance with law after giving opportunity of hearing to all concerned within four months from the date of filing of the revision application.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3444 of 2024

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======================================================

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Shambhu Nath Tiwari Son of Late Brahmdev Tiwari, Resident of Tarapaghar, P.O. - Makduma, P.S. - Banka, Circle- Banka, District- Banka, Bihar, Pin Code - 813102.

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Sudhir Kumar Tiwari, Son of Late Bhimnath Tiwari, Resident of Tarapaghar, P.O. - Makduma, P.S. - Banka, Circle- Banka, District- Banka, Bihar, Pin Code - 813102.

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Shailesh Kumar Tiwari, Son of Late Shivnath Tiwari, Resident of Tarapaghar, P.O. - Makduma, P.S. - Banka, Circle- Banka, District- Banka, Bihar, Pin Code - 813102.

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... ... Petitioner/s

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Versus

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1. The State of Bihar through the Additional Chief Secretary, Land Revenue, Government of Bihar, Patna.

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The Additional Chief Secretary, Forest and Environment Department, Government of Bihar, Patna.

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The Commissioner, Bhagalpur, Division, Bhagalpur.

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The Collector, Banka, District - Banka.

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The Additional Collector, Banka.

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The Deputy Collector, Land Reforms, Banka.

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The Circle Officer, Banka, District - Banka.

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The Divisional Forest Officer, Banka.

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The Forest Department, Banka Range, Banka.

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... ... Respondent/s

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======================================================

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Appearance : For the Petitioner/s : Mr.Rohit Mishra For the Respondent/s : Mr.Standing Counsel (10) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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3 18-09-2025 1. Mr. Rohit Mishra, learned counsel for the petitioners seeks permission to withdraw this application with liberty to challenge the order passed by the learned Collector, Banka dated 19.09.2023 in Appeal No. 141 / 2016-17 before the Divisional Commissioner under Section 9(7)(a) of the Bihar Land Mutation

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Patna High Court CWJC No.3444 of 2024(3) dt.18-09-2025

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2/2

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Act, 2011.

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Permission is granted.

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The application dismissed as withdrawn with the aforesaid liberty.

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It is made clear that if revision application is filed before the Divisional Commissioner within a period of thirty days from today alongwith condonation of delay petition, the same shall be considered on its merit and the Divisional Commissioner shall pass a reasoned order in accordance with law after giving opportunity of hearing to all concerned within a period of four months from the date of the filing of the revision application.

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(Anil Kumar Sinha, J)

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praful/-

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Shambhu Nath Tiwari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shambhu Nath Tiwari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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