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Patna High Court

Shiv Shankar PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                 ======================================================
                 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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