Dismissed

Md. Akbar Azam v. The State of Bihar

Patna HC8 Sept 2025CWJC/6590/2025

Case brief

AI extract

What is this about?

In this civil writ jurisdiction case, the petitioners alleged that Respondent No. 3 illegally transferred their ancestral property. The Court held that this is a private inheritance dispute unsuitable for writ jurisdiction, finding the application not maintainable and directing the petitioners to seek remedy in competent civil courts.

What did the court decide?

The writ application is dismissed as not maintainable. Petitioners directed to pursue remedy in competent civil court.

Md. Akbar Azam Vs The State of Bihar — Property and Title | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6590 of 2025

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

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Md. Akbar Azam S/o Abdul Razzaque, R/o 288A, Shekhan Khurd, Kabristan ke piche, Shekhana, P.S.-BiharSharif, District-Nalanda, Bihar803101.

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Sabeeh Azam, S/o Akbar Azam, R/o 288A, Shekhan Khurd, Kabristan ke piche, Shekhana, P.S.-BiharSharif, District-Nalanda, Bihar-803101.

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Md. Javed Iqbal, S/o Akbar Azam, R/o 288A, Shekhan Khurd, Kabristan ke piche, Shekhana, P.S.-BiharSharif, District-Nalanda, Bihar-803101.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

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

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Naseema Khatoon, W/o Late Imam Ullah, R/o Mohalla Mirdaad (Naya Tola), P.O. Biharsharif, P.S. Biharsharif, District-Nalanda, Bihar 803101.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : None For the Respondent/s : Mr. Narendra Kumar Singh, AC to GP- 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 08-09-2025

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No one appears on behalf of the petitioners, however,

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learned counsel for the respondents is present.

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2. The petitioners have filed this writ application seeking relief against private Respondent No. 3 who illegally and fraudulently transferred the petitioners’ ancestral property solely in her favour. The property, in question, is situated at Zamabandi No. 815, district- Sheikhupra block- Sheikhpura, Revenue Thana- 152 having Khesra No. 573 Khata No. 82 Area 39 decimal as described in para 14 of this writ petition.

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Patna High Court CWJC No.6590 of 2025(2) dt.08-09-2025 2/2

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3. The case of the petitioners is that the said property was unlawfully and fraudulently appropriated by the private Respondent No. 3, violating the principles of inheritance under Muslim Personal Law.

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4. Learned counsel for the State submits that the petitioners have brought the private dispute of inheritance before this Court by way of the present writ application and the same is not maintainable.

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5. Having considered the nature of prayer made in this writ application and the fact that the petitioners have claimed the right of inheritance of private property from private Respondent No. 3, I am of the opinion that the present writ application is not maintainable and the same is hereby dismissed.

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6. Accordingly, this writ application is dismissed as not maintainable.

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7. However, the petitioners may pursue their remedy before the competent Court of civil jurisdiction.

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(Anil Kumar Sinha, J)

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Jyoti/-

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Md. Akbar Azam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Akbar Azam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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