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Patna High Court

Durga Dat PandeyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the Deputy Collector's order to re‑measure the land is proper and dismissed the writ petition.

Summary

The petitioners, three members of the Pandey family, claimed ownership and possession of cultivated land that had been consolidated in 1977 under an order of the Director of Consolidation, Patna. They challenged an order dated 12 September 2025 issued by the Deputy Collector, Land Reforms (DCLR), Piro, which set aside a 2022 measurement order by the Circle Officer, Tarari, and directed a fresh measurement treating the land as a public road. The petitioners sought a writ of certiorari to quash the DCLR's order, a direction to honor the 1977 consolidation order under Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, and protection from dispossession. The High Court examined the earlier orders and found the petitioners' contentions partially justified but concluded that the DCLR was within its authority to order a fresh measurement. The Court directed the DCLR to conduct the measurement with proper notice to both parties, record any disturbances, and ensure the presence of the Consolidation Officer, thereby dismissing the writ petition.

Issues considered

  • Whether the Deputy Collector, Land Reforms, Piro, was justified in quashing the earlier measurement order and directing a fresh measurement of the petitioners' land.
  • Whether the 1977 consolidation order under Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, bars the re‑measurement and potential dispossession of the petitioners.
  • Whether the petitioners are entitled to relief in the form of a writ of certiorari and protection from dispossession.

Legislation cited

Subjects

  • land consolidation
  • measurement order
  • public road
  • certiorari
  • writ petition
  • Bihar land reforms
  • Section 35

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1256 of 2026
                 ======================================================
           1.     Durga Dat Pandey S/O. Rag Nath Pandey, Resident of Mohalla/Village-
                  Parariya, P.O.-Bhakura, P.S.-Tarari, District-Bhojpur, State-Bihar, PIN-
                  802205.
           2.    Tapeshwar Pandey, S/O. Chandra Kumar, Resident of Mohalla/Village-
                 Parariya, P.O.-Bhakura, P.S.-Tarari, District-Bhojpur, State-Bihar, PIN-
                 802205.
           3.    Guddu Pandey @ Narendra Pandey, S/O. Dev Kumar Pandey, Resident of
                 Mohalla/Village- Parariya, P.O.-Bhakura, P.S.-Tarari, District-Bhojpur,
                 State-Bihar, PIN-802205.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Revenue and
                 Land Reforms Department, Government of Bihar, Main Secretariat
                 Building, Patna, Bihar.
           2.    The Director, Chakbandi, Revenue and Land Reforms Department,
                 Government of Bihar, Main Secretariat Building, Patna, Bihar.
           3.    The Divisional Commissioner, Patna Division, Patna.
           4.    The Collector, Bhojpur at Ara, District-Bhojpur, Bihar, PIN 802301.
           5.    The Additional Collector, Bhojpur at Ara, District-Bhojpur, Bihar, PIN
                 802301.
           6.    The Deputy Collector, Land Reforms, Piro, Bhojpur, PIN-802207.
           7.    The Circle Officer, Tarari, Circle-Tarari, Bhojpur, PIN-802209.
           8.    The Chakbandi Officer, Tarari, Bhojpur, PIN-802209.
           9.    Brajendra Nath Pandey, S/O. Late Sidh Nath Pandey, Resident of
                 Mohalla/Village- Parariya, P.O.-Bhakura, P.S.-Tarari, District-Bhojpur,
                 State-Bihar, PIN-802205.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Bishwa Bibhuti Kumar Singh, Adv.
                 For the Respondent/s   :      Mr. Government Advocate (7)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   29-01-2026                   Heard the parties.

                               2. The present application has been preferred for the

                   following relief(s):
Patna High Court CWJC No.1256 of 2026(2) dt.29-01-2026
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                                               (i) For issuance of a writ in the
                                 nature of Certiorari for quashing / setting
                                 aside order dated 12.09.2025 passed by the
                                 Deputy Collector, Land Reforms (herein after
                                 DCLR), Piro, Bhojpur by which, order dated
                                 31.01.2022 passed in Measurement Case
                                 No.07/2021-22 passed by the Circle Officer,
                                 Tarari has been dismissed and further
                                 ordered for measurement of the land of the
                                 petitioners considering the same as a public
                                 road without considering the fact that the
                                 land is being cultivated by the petitioners
                                 and is under full right and possession after
                                 the same being consolidated in the year in
                                 the    year      1977        vide    an    order        dated
                                 27.12.1977 passed by the Director of
                                 Consolidation, Patna in Consolidation Case
                                 No.594/76 heard along with Consolidation
                                 Case No.611/76 under section 35 of The
                                 Bihar      Consolidation            of    Holdings       and
                                 Prevention of Fragmentation Act, 1956.
                                               (ii)     For     a    direction      to     the
                                 respondents to consider the case of the
                                 petitioners in the light of the decision of the
                                 Director of Consolidation, Patna dated
                                 27.12.1977 passed in Consolidation Case
                                 No.594/76            under    Section       35     of     the
                                 Consolidation Act.
                                               (iii) For passing of an order or
                                 direction to the respondents not dispossess
Patna High Court CWJC No.1256 of 2026(2) dt.29-01-2026
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                                 the petitioners from the land in question
                                 (Part of Mauza-Pararia, Thana No.135,
                                 Khata No.-21, Khesra No.142, area-12
                                 decimal and Khesra no.146, area- 1 Acres 27
                                 decimals) which is belong to the petitioners
                                 merely on a garb of measurement report.
                                              (iv) Any other writ or writs/
                                 direction /order as this Hon'ble Court may
                                 deem fit and proper for the end of Justice.
                        3. The case of the petitioner is that while passing the

          order in question dated 12.09.2025, the DCLR, Piro, Bhojpur

          failed to look into the order of the Circle Officer, Tarari,

          Bhojpur according to which, on the earlier occasion, when the

          officials went for measurement, the respondent no. 9 tried to

          disturb it.

                        4. This Court has gone through the two orders and the

          submissions put forward by the learned counsel for the

          petitioner seems to be justified. However, to put an end to the

          entire dispute, the Deputy Collector Land Reforms, Bhojpur has

          rightly ordered the land to be measured afresh.

                        5. The only thing this Court would like to add that the

          Deputy Collector Land Reforms, Piro, Bhojpur shall ensure that

          the order passed by him is complied in toto inasmuch as both

          the parties are properly noticed, a date fixed, their presence be

          recorded and in case, either of the party tries to disturb the
           Patna High Court CWJC No.1256 of 2026(2) dt.29-01-2026
                                                       4/4




                     measurement, the same be recorded and further even if they fail

                     to put in their signature, the said fact should also be part of the

                     report.

                                 6. The        Deputy Collector Land Reforms, Piro,

                     Bhojpur shall ensure that it comes to his table in time. This

                     Court would also record that the respondent shall ensure the

                     presence of the Consolidation Officer, Bhojpur at the time of the

                     measurement.

                                 7. With the aforesaid observation, the writ petition is

                     disposed of.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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