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PATNA HIGH COURT
RAJIV ROY, J
Sunder Yadav and Ors. – Appellant
Versus
The State Of Bihar and Ors. – Respondent
Civil Writ Jurisdiction Case No.16741 of 2018
| Table of Content |
|---|
| 1. claim for ownership by descendants of tenants. (Para 2) |
| 2. petition admitted for further examination. (Para 3) |
| 3. notices and procedural directives issued. (Para 4 , 5 , 6) |
| 4. next steps and timelines for ruling. (Para 8) |
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
2 02-12-2025 Heard the parties.
2. The present petition has been preferred for the grant of following relief(s):
“(i) to issue a writ in the nature of certiorari to quash the order dated 09.05.2018 (Annexure-4) passed in BLT Case No. 541 of 2017, passed by the Bihar Land Tribunal whereby and whereunder the application seeking setting aside the order dated 05.05.2007 passed by Additional Collector, Patna passed in Mutation Revision No. 74 of 2015-16 of these petitioners has been rejected as also to stay the said impugned order during pendency of T.S. No. 88/2018 pending in the court of Sub-Judge-IV, Patna City filed by these petitioners.
(ii) to hold and declare that by virtue of being the descendants of recorded Tenant of Shankar Gowala (the Khatiyani Raiyat) and having peaceful possession over the land property bearing Thana No. 126, Khata No. 420, Plot No. 531 and 409 total area 91 decimal in village-Hardas Bigha; P.S.-Fatuha (old) (New- Khushrupur), District-Patna, petitioners are actual and genuine title holder of the piece of land under reference.
(iii) to direct the respondent no. 1 to 4 to restrain the private respondents to not disturb the title and possession of land of petitioners.
(iv) to grant any other reliefs for which petitioners are entitled to have in connection with the aforesaid reliefs.”
3. Admit.
4. State receives notice on behalf of the respondent no. 1 to 5.
5. Issue notice to the respondent no. 6 to 12 through both processes i.e. ordinary as well as registered cover with A/D for which requisites etc. must be filed within a period of four weeks failing which the application shall stand rejected without further reference to the Bench.
6. In case, the order passed is not complied and the matter accordingly stands dismissed, subsequently, the same be posted under the heading ‘To be Mentioned’.
7. Pleadings to be exchanged in next six months.
8. Rule is made returnable within a period of one year.
(Rajiv Roy, J)
vinayak/-
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