Patna High Court
Md. DukhwaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the Circle Officer, Barsoi, does not have jurisdiction to issue the notice and directed the petitioners to file a detailed reply, after which the officer must pass a reasoned order.
Summary
The petitioners, Md. Dukhwa and Md. Aslam, filed a writ petition seeking a mandamus directing the Deputy Collector (Land Reforms) of Katihar to resolve a land dispute and deliver possession of 0.75% decimal land in Mauza‑Pichhra. They also challenged a notice issued by the Circle Officer, Barsoi, alleging that the officer lacked jurisdiction to summon the parties. The State counsel argued that the petition could be addressed to the Circle Officer and that the writ was maintainable. The Court observed that the Circle Officer’s jurisdiction to issue such notice is doubtful but, in line with the State’s submission, allowed the petitioners to file a detailed reply to the notice. The Court directed that, after hearing, the Circle Officer must pass a reasoned order at the earliest. The writ petition was disposed of with this observation.
Issues considered
- The Circle Officer, Barsoi, has jurisdiction to issue a notice in the land dispute.
- Whether a writ of mandamus can be issued directing the Deputy Collector (Land Reforms) to resolve the dispute and deliver possession.
Subjects
- land dispute
- mandamus
- jurisdiction
- circle officer
- possession
- writ petition
- land reforms
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1732 of 2026
======================================================
1. Md. Dukhwa Son of Md. Nasir, resident of village- Pichhara, P.O. - Balu
Para, P.S. Balu Para, District - Katihar.
2. Md. Aslam, Son of Md. Irfan, resident of Village- Pichra, P.O. - Balu Para,
P.S.- Balu Para, District- Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reform, Bihar, Patna.
2. The Divisional Commissioner, Purnea Division, Purnea.
3. The District Magistrate-cum-Collector, Katihar.
4. The Additional Collector, Katihar.
5. The Sub-Divisional Officer, Katihar.
6. The Deputy Collector, Land Reforms, Katihar.
7. The Circle Officer, Barsoi, District- Katihar.
8. Suresh Mochi, Son of Lachhu Mochi, aged about ............ years, resident of
Village - Jaharpur, P.S. - Barsoi, District- Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Thakur, Adv.
For the Respondent/s : Mr. Standing Counsel (15)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 03-02-2026 Heard Mr. Ranjit Kumar Thakur, learned counsel for
the petitioner and the State.
2. The present application has been preferred for the
following relief(s):
(i) To issue an appropriate order/s,
direction/s including a writ in the nature of
mandamus commanding and direction upon
the respondent Deputy Collector Land
Reforms, Katihar to resolve the land dispute
Patna High Court CWJC No.1732 of 2026(2) dt.03-02-2026
2/3
between the petitioner and the private
respondents with regard to the land
measuring 0.75% decimal appertaining to
Thana No.12, Khata No.81, Khesra No.152,
153, 154 and 158 situated in Mauza-
Pichhra, P.S.-Barsoi, District- Katihar.
(ii) To direct the respondent No.6
to take steps for delivery of possession of the
land in favour of the petitioners who are
rightful owner.
(iii) To any other relief/s to which
the petitioner may be found entitled in the
facts and circumstances of the case.
3. A notice has been issued by the Circle Officer,
Barsoi (Katihar) asking the parties to appear. Petitioner is
amongst them who has been noticed.
4. Learned counsel for the petitioner submits that the
Circle Officer, Barsoi has no jurisdiction to issue such notices.
5. Learned State Counsel submits that whatever stand
is that of the petitioner, can very well be addressed to the said
Circle Officer, Barsoi and without doing so, the writ petition has
been filed.
6. This Court is in conformity with the submissions put
forward by learned State Counsel. At this stage, learned counsel
for the petitioner submits that the petitioner shall be filing a
detailed reply on the notice issued by the Circle Officer, Barsoi.
Patna High Court CWJC No.1732 of 2026(2) dt.03-02-2026
3/3
7. If such reply is filed, after hearing all the parties,
the Circle Officer, Barsoi has to pass a reasoned order at an
earliest.
8. The writ petition is disposed of with aforesaid
observation.
(Rajiv Roy, J)
Vijay Singh/-
U
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