Patna High Court
Shiv Shankar PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petitioner must first approach the Sub‑Divisional Magistrate or the competent authority for redress before seeking relief from the High Court.
Summary
Shiv Shankar Prasad filed a writ petition seeking the enforcement of a revenue measurement order (Case No. 15/2022-23) issued by the Circle Officer of Pipariya and the production of related records. He alleged that despite the measurement, he was denied possession of the land and complained of disturbances caused by respondents 8 to 12. The State counsel argued that the petitioner should have approached the Sub‑Divisional Magistrate or the appropriate court for redress. The Patna High Court agreed, holding that the petitioner must first seek remedy before the competent administrative authority. The Court granted the petitioner liberty to approach the Sub‑Divisional Magistrate and disposed of the writ petition without granting any substantive relief. The order emphasizes the principle that administrative grievances must be pursued through the designated forum before invoking higher judicial intervention.
Issues considered
- Whether a writ petition is maintainable in the High Court for enforcement of a revenue measurement order when the petitioner has not approached the Sub‑Divisional Magistrate or other competent authority.
Subjects
- writ jurisdiction
- land measurement
- revenue law
- administrative remedy
- jurisdiction
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17802 of 2023
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Shiv Shankar Prasad S/o-Late Yogendra Prasad Singh @ Yogendra Singh,
R/o-Village-Ramchandrapur (Ward No.-6), P.S.-Pipariya, District-Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principle Secretary, Department of Revenue,
Govt. of Bihar, Patna.
2. The Commissioner, Munger Division at Munger.
3. The District Magistrate, Lakhisarai.
4. The Superintendent of Police, Lakhisarai.
5. The Sub Divisional Magistrate, Lakhisarai.
6. The Circle Officer, Pipariya Block, District-Lakhisarai.
7. The Anchal Amin, Pipariya Block, District-Lakhisarai.
8. Raju Singh S/o Late Baleshwar Singh R/o- Vill- Ramchandrapur, Tola-
Teenkhutti, P.S- Pipariya, Dist- Lakhisarai.
9. Deepak Singh S/o Late Baleshwar Singh R/o- Vill- Ramchandrapur, Tola-
Teenkhutti, P.S- Pipariya, Dist- Lakhisarai.
10. Bhushan Singh S/o Late Baleshwar Singh R/o- Vill- Ramchandrapur, Tola-
Teenkhutti, P.S- Pipariya, Dist- Lakhisarai.
11. Bidan Singh S/o Late Baleshwar Singh R/o- Vill- Ramchandrapur, Tola-
Teenkhutti, P.S- Pipariya, Dist- Lakhisarai.
12. Ramnath Singh S/o Late Baleshwar Singh R/o- Vill- Ramchandrapur, Tola-
Teenkhutti, P.S- Pipariya, Dist- Lakhisarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Onkar Nath, Advocate
For the Respondent/s : Mr.Nagendra Prasad Yadav ( Sc 23 )
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 24-03-2026 Heard Mr.Onkar Nath, learned counsel for the
petitioner and the State.
2. The present petition has been preferred for the
following relief/s:
(i) commanding the respondent authorities
Patna High Court CWJC No.17802 of 2023(2) dt.24-03-2026
2/3
particularly the Respondent No.-3 & 4 to
ensure the compliance of the order
concerning with Measurement Case No.-
15/2022-23 passed by the Respondent No.-6
(Circle Officer), Pipariya;
(ii) further, commanding the respondent
authorities to bring the entire records before
this Hon'ble court during the adjudication of
the case & matter;
(iii) for grant of any other
incidental/consequential relief/reliefs, for
which the petitioner can be found entitled
for.
3. The claim of the petitioner is that the land has
been measured by appropriate revenue authorities but the
possession is still eluded him.
4. Learned State counsel submits that the petitioner
should have approached the competent authority/Court for the
redressal of the grievance against the respondent nos. 08 to 12
who according to the petitioner are creating disturbance.
4. This Court finds force in the submission of the
learned State counsel, the petitioner ought to have moved before
Patna High Court CWJC No.17802 of 2023(2) dt.24-03-2026
3/3
the Sub-Divisional Magistrate, Lakhisarai (respondent
no.05)/the competent Court for the redressal of the grievance.
5. In that background, learned counsel for the
petitioner submits that he shall be approaching the aforesaid
authority so that after noticing the other side, the matter is taken
to its logical conclusion.
6. Granting said liberty and expecting the concerned
authority to act in accordance with law, the writ petition is
disposed of.
(Rajiv Roy, J)
Ravi/-
U
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