Patna High Court
Mohd. Rafi Uddin vs The State Of Bihar on 4 August, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12438 of 2025
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Mohd. Rafi Uddin Son of Mohd. Zaki Uddin Resident of Near Jama Masjid,
Ward No.4, Baro Milky Tola, P.O.- Baro, P.S. - Phulwaria, District- Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna
2. The Additional Chief Secretary, Revenue and Land Reforms Department,
Govt. of Bihar, Patna
3. The District Magistrate, Begusarai
4. The Addl. Deputy Collector, Begusarai
5. The Sub Divisional Officer, Teghra, Begusarai
6. The Deputy Collector of Land Reforms, Teghra, Begusarai
7. The Circle Officer, Teghra, Begusarai
8. The Circle Inspector, Teghra, Begusarai
9. The Revenue Halka Karamchari, Teghra, Begusarai
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Kumar Praveen
For the State : Mr. Sumant Kumar Singh, A.C to G.A 2,
Vinay Kirti Singh
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
Date : 04-08-2025
In the instant petition, petitioner has prayed for the following relief:-
For the issuance of appropriate writs/writs
order/orders direction/directions to the
concerned Respondent authorities to
immediately take action on the application
dated 02.04.2025 (Annexure-3) filed by the
petitioner before the concerned
respondents for declaration of Title on the
land upon which petitioner and her family
members are residing for last several
decades in the light of Gazette publication
dated 11.11.2014 (Annexure-1) issued by
the Revenue and Land Reforms Department
of the state govt. regarding declaration of
title of the tenants on the basis of
possession over the land for more than 30
years.
Patna High Court CWJC No.12438 of 2025 dt.04-08-2025
2/3
B) For direction to the respondent
concerned to decide the issue raised by the
petitioner expeditiously and after
completing the all formalities and to enter
his name in Jambandi Register and to
issue revenue receipt of the said land
within a reasonable period.
C) For any other relief/reliefs to which the
petitioner is found entitled under the facts
and circumstances of the present case.
2. Learned counsel for the petitioner submits that ancestor of
petitioner constructed a residential house and started living on the
land appertaining to khata no.550, Khesra no. 1864 and 1876, area
16 katha 12 dhurs situated at Mauja-Mohammadpur Baro, Thana-
373, Tauzi-2948. It is further submitted that petitioners' ancestors
were residing on the said land for last decades without any objection
and complaint from the State Government. The gazette publication
dated 11.11.2024 was issued by the Revenue and Land Reforms
Department of the State Government in connection with declaration
of title of the tenants on the basis of possession over the land for
more than 30 years. A copy of the said gazette publication dated
11.11.2014
is annexed as Annexure-1. It is submitted that the
grievance of the petitioner for declaration of title in his favour is
squarely covered by Annexure-4 series and he has referred a
judgment of co-ordinate Bench of this Court passed in CWJC No.
6468 of 2020 in which direction was given to the concerned Circle
officer to consider and dispose of the petitioner's representation.
Learned counsel further submits that the present matter is identical
with the said case. He further submits that petitioner's representation
Patna High Court CWJC No.12438 of 2025 dt.04-08-2025
is pending before Circle Officer, Begusarai and other superior
authority.
3. Learned counsel on behalf of the state submits that petitioner
relies on gazette notification but the grievance of the petitioner is not
covered by the said gazette notification as mere peaceful possession
of the land for 30 years does not entitle the petitioner to get the land
in his favour. However, he has submitted that if petitioner represents
his grievance in a proper way, the concerned authority will look into
the matter.
4. Considering the facts and circumstances of the case and the
arguments advanced on behalf of the parties, the present writ petition
stands disposed of with direction to the concerned officer to consider
and dispose of the petitioner's representation, if still pending, after
hearing the parties concerned, in accordance with, expeditiously and
preferably within a period of eight weeks from the date of
receipt/production of the copy of the order without being prejudiced
by the order passed by this Court.
(Alok Kumar Pandey, J)
vashudha/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.08.2025
Transmission Date NA
