Patna High Court
Ashutosh Kumar RaiversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- KHATIM REZA
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The court held that the writ application is deemed withdrawn, allowing the petitioner to file a fresh online application for measurement and demarcation, and directing the Circle Officer to dispose of it within three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 The court dismissed the writ as withdrawn, granting liberty to file a fresh online application within four weeks and directing the Circle Officer to complete the process within three months of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- Whether the petitioner’s writ application for measurement and demarcation can be treated as withdrawn.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
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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
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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/-
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