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Patna High Court

Ashutosh Kumar RaiversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The court held that the writ application is deemed withdrawn, allowing the petitioner to file a fresh online application for measurement and demarcation, and directing the Circle Officer to dispose of it within three months.

Summary

The petitioner, Ashutosh Kumar Rai, sought a writ directing the Circle Officer, Buxar to dispose of his application for measurement and demarcation of land purchased in 2001. He claimed peaceful possession but faced a boundary dispute and had filed the application on 1 August 2018, which remained pending. The petitioner requested permission to withdraw the pending application and re‑file it online under the new rules. The court dismissed the writ as withdrawn, granting liberty to file a fresh online application within four weeks and directing the Circle Officer to complete the process within three months of receiving the order. Consequently, the writ application was disposed of.

Issues considered

  • Whether the petitioner’s writ application for measurement and demarcation can be treated as withdrawn.
  • Whether the petitioner may be permitted to re‑file the measurement and demarcation application online under the new procedural rules.
  • Whether the Circle Officer is obligated to dispose of the re‑filed application within a specified time.

Subjects

  • land demarcation
  • measurement of land
  • writ jurisdiction
  • circle officer
  • online application
  • land reforms

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.16713 of 2018
                 ======================================================
                 Ashutosh Kumar Rai Son of Ram Chhabila Rai Resident of Village/Mohalla -
                 Pirpainti Rambag, P.S. - Buxar Town, District - Buxar.

                                                                            ... ... Petitioner/s
                                                  Versus
           1.    The State Of Bihar
           2.    The Sub-Divisional Officer, Buxar.
           3.    The Deputy Collector, Land Reforms, Buxar.
           4.    The Circle Officer, Buxar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Ashwini Kumar Rai, Adv.
                 For the Respondent/s   :     Mr. Sajid Salim Khan, SC-25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   15-04-2026                 Heard learned counsel for the petitioner as well as

                   learned counsel for the State.

                               2. This writ application has been filed for directing

                   the respondent no. 4, C.O. Buxar to dispose of the

                   application filed by the petitioner to measure and demark

                   the land appertaining to Khata No. 23 of 2011, Plot No. 73

                   of 1952 total area 39 decimals, which is situated in Thana

                   No. 331 under Mauza-Sahani Patti, District-Buxar. The said

                   land was purchased by the petitioner, namely, Ashutosh

                   Kumar Rai and his brother, namely, Santosh Kumar Rai and

                   Arti Devi, mother of the petitioner in the year 2001. After
Patna High Court CWJC No.16713 of 2018(2) dt.15-04-2026
                                           2/3




          purchase of the said land, the petitioner and other

          purchasers came in possession of the said land since then,

          the petitioner is in peaceful possession of the said land. It is

          further submitted that there is dispute between the boundary

          Raiyat as with regard to boundary of the said land.

          Therefore, he filed an application for measurement and

          demarcation of the said land before the Circle Officer,

          Buxar through Speed Post on 01.08.2018, since then, the

          matter is pending before the Circle Officer, Buxar.

                      3. Learned counsel for the petitioner further

          submits that the petitioner may be permitted to withdraw

          this application so that the petitioner can file an application

          for measurement and demarcation through online as per the

          new rules.

                      4. Considering the aforesaid facts and averments

          made therein, the petitioner’s writ application is dismissed

          as withdrawn with a liberty to file an application through

          online for measurement and demarcation of the land in

          question. If the petitioner applies for the same within four

          weeks, the Circle Officer, Buxar is directed to complete the

          whole exercise and pass an order disposing of the said
            Patna High Court CWJC No.16713 of 2018(2) dt.15-04-2026
                                                       3/3




                      application within a period of three months from the date of

                      receipt/production of a copy of this order.

                                  5. Accordingly, this writ application is disposed of.



                                                  (Khatim Reza, J)
prabhat/-

U


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