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Patna High Court

Ramesh SinghversusThe State Of Bihar and Ors

Decided
Disposal
CONSIGNED

Holding

The petition is dismissed for non‑compliance with the peremptory order to file a substitution petition.

Summary

Petitioner Ramesh Singh filed a writ petition seeking that the State authorities measure and demarcate land covered by khata no. 78, specifically plots 1225 and 1235 (old plot 411), and carve out his share of 3.06 acres which he claims to hold an undisputed title over. He also asked that he be allowed to continue possession and be protected from disturbance by private respondents claiming purchase orders. The court gave a four‑week period to file a substitution petition, which the petitioner failed to do. As the order was peremptory and remained uncomplied, the court dismissed the petition on 5 January 2026. Consequently, no relief was granted and the petition was dismissed.

Issues considered

  • Whether the respondents are required to measure and demarcate the land claimed by the petitioner.
  • Whether the petitioner is entitled to a carved‑out share of 3.06 acres and protection of possession.
  • Whether the petition should be dismissed for failure to comply with the peremptory order to file a substitution petition.

Subjects

  • land demarcation
  • khata
  • measurement of land
  • possession
  • civil writ jurisdiction
  • land reforms
  • peremptory order
  • petition dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.14880 of 2016
                 ======================================================
                 Ramesh Singh son of Late Mahesh Singh, resident of village-Raipur
                 Bandhwa, Police Station-Haspura, District-Aurangabad

                                                                          ... ... Petitioner/s
                                                   Versus
          1.     The State Of Bihar through Principal Secretary, Department of Revenue and
                 Land Reforms, Patna
          2.     The District Magistrate, Aurangabad.
          3.     The Additional District Magistrate, Revenue, Aurangabad.
          4.     The Deputy Collector, Land Reforms, Aurangabad.
          5      The Circle Officer, Haspura, Aurangabad.
          6.     Bujhawan Dusadh son of Late Laxman Dusadh, resident of village-Raipur
                 Bandhwa, P.O.-Rampur Chai, Police Station-Deokund (Goh), District-
                 Aurangabad.
          7.     Ramdeo Dusadh son of Late Bhadai Dusadh, resident of village-Raipur
                 Bandhwa, P.O.-Rampur Chai, Police Station-Deokund (Goh), District-
                 Aurangabad.
          8.     Bhaju Dusadh son of Late Bhadai Dusadh, resident of village-Raipur
                 Bandhwa, P.O.-Rampur Chai, Police Station-Deokund (Goh), District-
                 Aurangabad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Manoj Priyadarshi, Advocate
                 For the State            :     Mr. Md.Sajid Salim Khan, SC-25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   31-01-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                 “(i) to command the respondents and

                                        direct them to take measurement of the lands
Patna High Court CWJC No.14880 of 2016(5) dt.31-01-2026
                                           2/3




                             appertaining to khata no. 78 particularly in

                             respect of plots no. 1225 and 1235 (old plot no.

                             411) having area of 38.86 acres, falling under

                             Mauza Raipur Bandhwa, Thana no. 226, police

                             station-    Haspura,         district-Aurangabad,   and

                             further direct them to demarcate the lands

                             according to respective shares being held by the

                             title holders.

                                         (ii) to order the respondents to

                             demarcate the lands of the petitioner from

                             kahata no. 78 and plot nos. 1225 and 1235 (old

                             plot no. 411) abovementioned and carve out his

                             share of 3.06 acres of which petitioner has been

                             enjoying undisputed title.

                                         (iii) to command the respondents and

                             order them to ensure that petitioner is allowed to

                             enjoy his title over land in question and continue

                             with his possession and further prevent private

                             respondents from disturbing with his possession

                             over the lands in question those in garb of

                             purchas for settlement being issued in theirs'

                             favor in plot no. 411 of khata no. 78 have been
            Patna High Court CWJC No.14880 of 2016(5) dt.31-01-2026
                                                       3/3




                                         from time to time disturbing and threatening to

                                         dispossess him.

                                                     (iv)    for      issuance   of   any   other

                                         writ/order/direction to which the Petitioner is

                                         found entitled to in the eye of law.”


                                  3. In this case on 02.12.2025, four weeks’ time was

                      granted to file substitution petition.

                                  4. As it was a peremptory order and not complied, it

                      stood dismissed on 05.01.2026.

                                  5. Perused the file, consigned.



                                                    (Rajiv Roy, J)
vinayak/-

U


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