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Patna High Court

Kaushlendra Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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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