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Patna High Court

Kolai Chaudhary @ Kolai MallahversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/4




                                  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
                                            3/4




                                 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
           Patna High Court CWJC No.1735 of 2026(2) dt.03-02-2026
                                                       4/4




                     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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