Patna High Court
Kaushlendra Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court permitted the impleadment of the Deputy Collector and directed the petitioner to seek demarcation before that authority.
Summary
The petitioner, Kaushlendra Kumar Singh, filed a writ petition seeking a court order directing the respondents, particularly the Circle Officer, to demarcate his vacant land at Khata No. 455, Khesara No. 188, Sabalpur, Rajgir. The respondents argued that the petitioner should have approached the Deputy Collector Land Reforms, Rajgir, rather than the High Court. The petitioner’s counsel requested permission to implead the Deputy Collector (DCLR) as an additional respondent. The court granted permission to implead the DCLR and, with the parties’ consent, disposed of the writ petition, directing the petitioner to approach the DCLR within four weeks for a resolution. The order effectively remanded the matter to the appropriate administrative authority for demarcation.
Issues considered
- Whether the petitioner may approach the High Court directly for land demarcation or must first approach the Deputy Collector Land Reforms.
- Whether the Deputy Collector (DCLR) can be impleaded as a respondent in the writ petition.
Subjects
- land demarcation
- writ petition
- civil writ jurisdiction
- possession
- implementation of land reforms
- jurisdiction
- impleadment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15465 of 2023
======================================================
Kaushlendra Kumar Singh Son of Ram Udit Prasad Singh, Resident of
Village-Sabalpur, P.S. Rajgir, District-Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Land and Revenue
Department, Government of Bihar, Patna.
2. The District Magistrate, Nalanda.
3. The Sub-Divisioal Officer, Rajgir.
4. The Circle Officer, Rajgir.
5. The DCLR, Rajgir, Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar, Adv.
Mr. Aryan Singh, Adv.
Mr. Rohit Priyadarshi, Adv.
For the Respondent/s : Mr. Prerna Anand(Gp18)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 27-04-2026 Heard the parties.
2. The present application has been preferred:
for issuance of an appropriate
writ/ writs order/ orders direction/ directions
to the respondents authorities particularly
the respondent no.4 to demarcate the land of
the petitioner situated at Khata No. 455
Khesara No. 188, Mauza Sabalpur, Block
Rajgir (Nalanda) as the same is vacant piece
of land upon which several person keeping
greedy eye and regularly trying to disturbed
the possession of the petitioner and any other
relief or reliefs to which the petitioner found
Patna High Court CWJC No.15465 of 2023(2) dt.27-04-2026
2/2
in the facts and circumstances of the case.
3. A counter affidavit has come on behalf of the
respondent nos. 2 to 4 and learned State Counsel has taken this
Court to paragraph 7 to show that he should have moved before
the Competent Authority, the Deputy Collector Land Reforms,
Rajgir, Nalanda instead of approaching Patna High Court.
4. Learned counsel for the petitioner, at this stage,
submits that he may be permitted to implead the DCLR, Rajgir,
Nalanda as respondent no. 5 in course of the day.
5. Permission granted.
6. With the consent of the parties, the writ petition is
disposed of allowing the petitioner to move before newly added
respondent- DCLR, Rajgir, Nalanda in next four weeks who
shall be hearing all the parties and taking the matter to its logical
conclusion at an earliest.
(Rajiv Roy, J)
Vijay Singh/-
U
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