Md. Kuddush @ Shiekh Qudus Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Md. Kuddush @ Shiekh Qudus Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to move applications before the ADM, Madhepura in the pending Mutation Revision Cases (Nos. 55 of 2024-25 and 57 of 2024-25) for early disposal.

Issue for consideration

Whether the respondent authorities should be commanded by writ of mandamus to restrain the private respondents from disturbing the petitioner's possession of the land at Mauza Sapardah, Anchal Puraini, Thana No. 237, District Madhepura (Prayer I). +3 more

Ratio / Principle

In view of the submission of learned counsel for the petitioner, the Court disposed of the writ petition with liberty to the petitioner as prayed for, i.e., liberty to move applications before the ADM, Madhepura in the pending Mutation Revision Cases (Nos. 55 of 2024-25 and 57 of 2024-25) for early disposal; the State raised no objection to this course.

Detailed headnote1 paragraphs

Patna High Court (Sunil Dutta Mishra, J.), by oral order dated 20-03-2025, disposed of Civil Writ Jurisdiction Case No. 3823 of 2025 (Md. Kuddush @ Shiekh Qudus v. The State of Bihar and others). The petitioner sought writs of mandamus: (i) to restrain private respondents (Nos. 8-12) from disturbing his possession of land at Mauza Sapardah, Anchal Puraini, Thana No. 237, Khata No. 111, Kheshra No. 320, total 27 decimil, District Madhepura; (ii) to consider his application dated 13.02.2024 and maintain status quo on the land; (iii) to consider mutation of the land purchased by him on 24.09.1974 from raiyat land owner Sheikh Karamat S/o Sheikh Kailu through sale deed; (iv) to act legally or register a case against the private respondents alleged to have cheated and forged papers to grab the land; and (v) to mutate the land pursuant to Mutation Revision case No. 55/2024 and Mutation Revision case No. 57/2024-25 before the learned A.D.M., Madhepura, the petitioner being stated to be mentally retarded and unable to speak and hear from birth. Counsel for the petitioner submitted that Mutation Revision Case No. 55 of 2024-25 and Mutation Revision Case No. 57 of 2024-25 are pending before the ADM, Madhepura, and prayed that the case be disposed of with liberty to move applications there for early disposal; the Government Pleader had no objection. The Court disposed of the petition with the liberty prayed for. No substantive ruling was passed on the possession, status quo, forgery or mutation merits; no statutes or precedents were cited.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3823 of 2025

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Md. Kuddush @ Shiekh Qudus, S/o Sekh Kutay, R/o of Village and PostSapardah, Ward No.-7, P.S.- Puraini District -Madhepura.

... ... Petitioner/s

Versus

The State of Bihar through Chief Secretary, Govt. of Bihar, Patna.

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

The Principal Secretary, Department of Land Records and Survey, Government of Bihar, Patna.

The Collector Cum District Magistrate, District-Madhepura.

The D.C.L.R., Udakishunganj, District-Madhepura.

The Circle Officer, Puraini, District-Madhepura.

The Registrar, Udakishunganj, District-Madhepura.

Md. Gurfan @ Md. Gufran, S/o Md. Natho Marhum R/o Sapardah, P.S.Puraini, District-Madhepura.

Md. Karmun, S/o Md. Jalil Marhum R/o Sapardah, P.S.-Puraini, DistrictMadhepura.

Md. Farmud, S/o Md. Jalil Marhum R/o Sapardah, P.S.-Puraini, DistrictMadhepura.

Md. Minhas, S/o Rustam Marhum R/o Sapardah, P.S.-Puraini, DistrictMadhepura.

Md. Tabrej, S/o Md. Karmun R/o Sapardah, P.S.-Puraini, DistrictMadhepura.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Rupesh Kumar, Advocate For the Respondent/s : Mr. Government Pleader (27)

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

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 20-03-2025 Heard learned counsel for the parties.

In the instant petition petitioners have sought for

the following relief(s):-

Patna High Court CWJC No.3823 of 2025(2) dt.20-03-2025 2/4

I. For issuance of writ/writs, order/orders, direction/directions in the nature of MANDAMUS commanding these respondents to direct the respondents- authorities to restrain private respondents from disturbing the possession of the petitioner on the landed property of petitioner bearing District - Madhepura, Mauza Sapardah, Anchal - Puraini, Thana No. 237, Khata No. - 111, Kheshra No. - 320, having area 02 decimil 200 wargkari and 24 decimil 800 wargkari total area/ rakwa 27 decimil land.

II. For issuance of an appropriate writ/s, order/s, direction/s in the nature of MANDAMUS commanding the respondents authorities to consider the application dated 13.02.2024 of the Petitioner and direct to maintain status quo on the landed property of petitioner namely Md. Kuddush, which is in possession of petitioner having detail of the same as at District Madhepura, Mauza Sapardah, Anchal Puraini, Thana No. 237, Khata No.111, Kheshra No.320, having area 02 decimil 200 wargkari and 24 decimil 800 wargkari total area/rakwa 27 decimil land.

III. For issuance of an appropriate writ/s, order/s, direction/s in the nature of MANDAMUS commanding the respondents authorities to consider the mutation on the landed property of petitioner having at District - Madhepura, Mauza - Sapardah, Anchal - Puraini, Thana No. 237, Khata No. 111, Kheshra No.320, having area 02 decimil 200 wargkari and 24 decimil 800 wargkari total area/rakwa 27 decimil land, which has been purchased by the petitioner on 24.09.1974 from the raiyat land owner namely Sheikh Karamat S/o Sheikh Kailu through sale deed.

IV. For issuance of an appropriate writ/s, order/s, direction/s in the nature of MANDAMUS commanding the respondents authorities to act legally or register case against the private

Patna High Court CWJC No.3823 of 2025(2) dt.20-03-2025 3/4

respondents who have done cheating and by making forged paper of the landed property of petitioner, tried to grab the land of the petitioner by using muscle power and by using illegal means.

V. For issuance of writ/s, order/s, direction/s in the nature of MANDAMUS commanding these respondents to mutate the land in favour of the petitioner after consider his mutation case filed before learned A.D.M., Madhepura in Mutation Revision case No. 55/2024 and Mutation Revision case No. 57/2024-25, though the petitioner is mentally retarded and unable to speak and hear from his birth and due to that he could not able to mutate his landed property. However, his son when came to know about the said land, he put his all effort to mutate the land by applying proper application through his father-petitioner.

VI. For further any other relief/s, order/s, direction/s in favour of petitioner in the facts and circumstances of this case.

Learned counsel for the petitioner submits that Mutation Revision Case No. 55 of 2024-25 and Mutation Revision Case No. 57 of 2024-25 are pending before the ADM, Madhepura.

Learned counsel for the petitioner submits that this case may be disposed of with the liberty to the petitioner to move the application before the ADM, Madhepura, in the said Mutation Revision Cases for early disposal.

Learned counsel for the State has no objection to this prayer of the petitioner.

Patna High Court CWJC No.3823 of 2025(2) dt.20-03-2025 4/4

In view of the submission of the learned counsel for

the petitioner, this case is disposed of with the liberty to the petitioner as prayed for.

(Sunil Dutta Mishra, J)

khushbu/-

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