Patna High Court
Durga Dat PandeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
2/4
(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
3/4
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
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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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