Patna High Court
Kolai Chaudhary @ Kolai MallahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioner must approach the Circle Officer with the 2023 order, and the Circle Officer is duty‑bound to act in accordance with that order.
Summary
The petitioner, Kolai Chaudhary, filed a writ petition seeking directions to compel the Circle Officer, Madhubani, to enforce an order dated 31 May 2023 issued by the Deputy Collector (Land Reforms), Bagaha, which directed removal of encroachments on his land. The order arose from a land dispute resolution case (No. 49 of 2021-22) where the encroachment was identified but the Circle Officer failed to act. The State counsel argued that there was no record of the petitioner approaching the Circle Officer. The Court directed the petitioner to approach the Circle Officer with the 2023 order, stating that the officer is duty‑bound to issue notice and take steps as per the Deputy Collector’s direction. Consequently, the writ petition was disposed with this observation.
Issues considered
- Whether the Circle Officer, Madhubani is legally bound to comply with the order dated 31 May 2023 passed by the Deputy Collector (Land Reforms), Bagaha.
- Whether the petitioner must first approach the Circle Officer before the Court can issue enforcement directions.
Subjects
- land dispute
- encroachment
- measurement of land
- compliance of order
- civil writ jurisdiction
- Land Reforms Act
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1735 of 2026
======================================================
Kolai Chaudhary @ Kolai Mallah Son of Late Bailister Mallah@ Balister
Chaudhary resident of Village- Khaira Tola, Madhubani, P.S.- Dhanaha,
District- West Chamapran.
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, West Champaran at
Bettiah.
2. The Sub-Divisional Officer, Bagaha, West Champaran at Bettiah.
3. The Land Reforms, Deputy Collector, Bagaha, West Champaran.
4. The Anchal Adhikari, Madhubani, District- West Champaran.
5. The Circle Inspector, Anchal- Madhubani, District- West Champaran.
6. The Halka Karamchari, Halk No.06 Anchal- Madhubani, District- West
Champaran.
7. The Anchal Amin, Anchal Madhubani, District- West Champaran.
8. Virendra Yadav, Son of Sukhdeomuni Yadav, resident of Village- Piparpati,
P.S.- Dhanaha, District- West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prithvi Nath Mishra, Adv.
For the Respondent/s : Mr. Mahtab Alam, AC to SC-20
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 03-02-2026 Heard the parties.
2. The present application has been preferred
for issuance of orders, direction or
directions to the commanding the
respondents authorities for the compliance
the order dated 31.05.2023 passed by the
Land Reforms Deputy Collector, Bagaha,
West Champaran passed in Land Dispute
Patna High Court CWJC No.1735 of 2026(2) dt.03-02-2026
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Resolution Case No.49 of 2021-22.
That the petitioner file the petition
before the respondent No.4 on dated
10.06.2000 for measurement the following
land in question :-
Mauza- Madhubani
Thana No.- 260
Khata No.- 03
Khesra No.- 3045/4, 3045/5
Rakaba- 0.46 Dec.
0.24 Dec.
Total= 0.70 Dec.
Thereafter the respondent No.4
start the proceeding for measurement of said
land vide Case No.04 of 2020-21 and fixed
the date on 17.12.2020 for measurement of
the said land and thereafter the Anchal Amin
measurement the land in question and
submitted the report with scratch map and
clear of the position of the land in question
and showing the part encroachment of the
land in question. But the Anchal Adhikari no
any action taken against the said
encroachment.
Thereafter the petitioner file the
case before the respondent no.3 for removal
Patna High Court CWJC No.1735 of 2026(2) dt.03-02-2026
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of the encroachment and the respondent No.3
passed the order dated 31.05.2023 bearing
Land Dispute Resolution Case No.49 of
2021-22 and given the order to the
respondent No.4 for removal of the
encroachment from the said land.
But till today the respondent No.4
no any action taken on the order dated
31.05.2023.
In such circumstances your
Lordships kindly give direction to the
respondents authorities for the compliance
the order dated 31.05.2023 passed by the
Land Reforms Deputy Collector, Bagaha,
West Champaran passed in Land Dispute
Resolution Case No.49 of 2021-22.
3. The Deputy Collector Land Reforms, Bagaha,
West Champaran (respondent no. 3) disposed of the Land
Dispute Resolution Case No. 49 of 2021-22 (Kolai Mallah vs.
Virendra Yadav & ors.) on 31.05.2023 with a direction to the
Circle Officer, Madhubani (West Champaran) to take
appropriate steps for the measurement of the land and needful.
4. The prayer in the writ petition is that the Circle
Officer, Madhubani is not complying the said order.
5. Though learned counsel for the petitioner tried to
impress upon this Court that the Circle Officer, Madhubani be
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directed to take further steps in accordance with the said
direction, learned State Counsel submits that there is nothing on
record to show that the petitioner approached and the Circle
Officer, Madhubani who failed to act.
6. In that background, this Court directs the petitioner
to approach the Circle Officer, Madhubani along with the order
passed in the Land Dispute Resolution Case No. 49 of 2021-22
and if such petition is preferred, the Circle Officer, Madhubani
is duty-bound to issue notice and take steps in accordance with
law/as per the direction of the DCLR, Bagaha, West Champaran
if any further order has not come annulling the said order dated
31.05.2023.
7. The writ petition is disposed of with aforesaid
observation.
(Rajiv Roy, J)
Vijay Singh/-
U
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