IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL REVIEW No.142 of 2024 In Civil Writ Jurisdiction Case No.6560 of 2023 ======================================================

Azhar Sharful Haque ... ... Petitioner/s Versus The State of Bihar & Ors.

... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Majid Mahboob Khan, Advocate For the State : Mr. Additional Advocate General 12 ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

4 16-01-2026 Heard Mr. Majid Mahbood Khan, learned counsel for the petitioner and learned counsel representing the State.

2. The present petition has been preferred for the grant of following relief(s):

“for reviewing the order dated

12.02.2024 passed by the Hon'ble Court in C.W.J.C. No. 6560 of 2023, by which the Hon'ble Court disposed of the aforesaid writ petition on relying upon the para 11 of the counter affidavit filed on behalf of the respondent no. 9 to 12 in which respondent no.9 to 12 made averments that Title Suit No. 68 of 2023 has been filed in terms of order dated 31.01.2023 passed in L.P.A.

No. 614/2022, which is absolutely not related with subject land in the instant writ petition. The subject land in the aforesaid writ application is related with Khata No.588, Plot No. 1400 area 56, situated in Mauza-Kumhrar, Thana No. 12, in Patna Sadar Anchal, Patna whereas the aforesaid Title Suit No. 68 of 2023 in which suit property mentioned in Schedule-1 related with Khata No. 275/24, Khesra No. 184, area 1 acre 35 decimals, under Thana No. 12, Tauzi No. 126, situated in Mauza: Jogipur, P.S: Sultanganj, District-Patna.

In the aforesaid facts and circumstances, the Hon'ble Court has held in para 9 of the impugned order that "In view of the fact that a title suit has already been filed, the parties shall appear and make their respective submissions so that the title suit is taken to its logical conclusion." which requires to be review by this Hon'ble Court and pass an appropriate order as protector of fundamental rights of the writ petitioner.”

3. State receives notice on behalf of the respondent no.1 to 8.

4. Issue notice to the respondent no. 9 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 two weeks failing which the application shall stand rejected without further reference to the Bench.

5. 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’.

6. List this case on 27.02.2026 and/or after appearance of the parties whichever is earlier.

7. In the meantime, the petitioner is duty bound to file supplementary affidavit bringing on record the order passed by the Division Bench in LPA No. 263 2024 (Nawab Lal Yadav &

Ors. vs. The State of Bihar and Ors.).

(Rajiv Roy, J)

vinayak/-

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