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Patna High Court

Manirul Islam @ Md. Manirul HaqueversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court declined to issue mandamus and disposed the writ petition, directing the petitioner to approach the District Magistrate for redress.

Summary

The petitioner, Manirul Islam, filed a writ petition seeking mandamus directing the Sub Divisional Officer to provide police for land measurement and the Circle Officer to measure his purchased land as per a 1997 deed. The petition also cited several orders dated 2015, 2018, and 2019 that had not been complied with. The court noted that the Circle Officer had not acted on an order dated 06.12.2023 and directed the petitioner to file a detailed representation before the District Magistrate. The District Magistrate was instructed to obtain records from the Circle Officer and investigate why measurement had not been carried out, and if willful neglect is found, to personally visit the site and remedy the grievance. Consequently, the writ petition was disposed without granting the reliefs sought, and any interlocutory applications were also disposed.

Issues considered

  • Whether the Sub Divisional Officer is duty-bound to provide police assistance for land measurement.
  • Whether the Circle Officer must measure the petitioner’s purchased land as per the registered deed.
  • Whether a writ of mandamus can be issued to compel the above administrative actions.

Subjects

  • mandamus
  • land measurement
  • land reform
  • administrative law
  • jurisdiction
  • police assistance
  • circle officer
  • district magistrate

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1805 of 2026
     ======================================================
     Manirul Islam @ Md. Manirul Haque Son of Late Md. Gayasuddin, Resident
     of Village- Fakar Takiya, P.S. -Kaswa, District- Purnea at present residing at
     beside Max-07, Rambag, P.S. -Sadar Purnea, District Purnea

                                                                  ... ... Petitioner/s
                                        Versus
1.   The State of Bihar through the Collector, Purnea District- Purnea
2.   The Divisional Commissioner, Purnea P.S. Sadar Purnea, District- Purnea
3.   The Collector, Purnea District- Purnea
4.   The Sub Divisional Officer, Sadar Purnea, District- Purnea
5.   The Land Reform Deputy Collector, Purnea District- Purnea
6.   The Circle Officer, Anchal- Purnea, District-Purnea
7.   Prasadi Uraon, Son of Etwari Uraon resident of Village Sant Kabaria Bandh,
     P.S.-Sadar Purnea, District- Purnea.
8.   Panney Lal Uraon, Son of Siyaram Uraon resident of Village Sant Kabaria
     Bandh, P.S.-Sadar Purnea, District- Purnea.
9.   Dhanni Lal Uraon, Son of Rasik Lal Uraon resident of Village Sant Kabaria
     Bandh, P.S.-Sadar Purnea, District- Purnea.
10. Ratan Lal Uraon, Son of Bijan Uraon resident of Village Sant Kabaria
    Bandh, P.S.-Sadar Purnea, District- Purnea.
11. Chhotki Uraon, Son of Rajendra Uraon resident of Village Sant Kabaria
    Bandh, P.S.-Sadar Purnea, District- Purnea.
12. Upendra Uraon, Son of Rajpal Uraon resident of Village Sant Kabaria
    Bandh, P.S.-Sadar Purnea, District- Purnea.
13. Ashok Uraon, Son of Sama Uraon resident of Village Sant Kabaria Bandh,
    P.S.-Sadar Purnea, District- Purnea.
14. Raj Kumar Uraon, Son of Rajendra Uraon resident of Village Sant Kabaria
    Bandh, P.S.-Sadar Purnea, District- Purnea.
15. Jagdish Uraon, son of Cheta Uraon resident of Village Sant Kabaria Bandh,
    P.S.-Sadar Purnea, District- Purnea.
16. Muni Uraon, son of Ganga Uraon resident of Village Sant Kabaria Bandh,
    P.S.-Sadar Purnea, District- Purnea.
17. Upendra Yadav, son of Late Subug Lal Yadav resident of Village Sant
    Kabaria Bandh, P.S.-Sadar Purnea, District- Purnea.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr.Dilip Kumar, Advocate
     For the Respondent/s   :       AC to Standing Counsel (16)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
         Patna High Court CWJC No.1805 of 2026(2) dt.05-02-2026
                                                     2/3




                                                  ORAL ORDER

2   05-02-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                               2. The petitioner in paragraph no. 1 of the present writ

                   petition has sought, inter alia, the following relief(s), which is

                   reproduced hereinafter:-

                                                 “1. That this is an application for issuance of an
                                   appropriate writ/writs and/or, order/orders and/or direction/
                                   directions, for grant of relief/reliefs is/are as follows:-

                                                (i) For issuance of writ of Mandamus commanding
                                   the respondent authority no. 4 (The Sub Divisional Officer,
                                   Purnea Sadar, Purnea) to provide the police force to the Anchal
                                   Adhikari, Purnea East to measure the purchase land of old Khata
                                   no. 239 Old Khesra No. 28,29,30 from which Chak Khata no.
                                   655, Chak Khesra No. 19, Area 84 decimals land have been
                                   allotted to the petitioner situated in Mauza Balari, Thana No.
                                   107, Anchal -Purnea East, District-Purnea.
                                                (ii) For issuance of writ of Mandamus commanding
                                   the Circle Officer, Purnea East, District Purnea to measure the
                                   purchased land of the petitioner aforementioned land as per
                                   registered deed of sale dated 20.02.1997 (Annexure-P/1)for
                                   which petitioner has already deposited the cost (vide annexure-
                                   P/3 and P/12) so that the order dated 25.07.2018 (Annexure-
                                   P/5) passed by the Divisional Commissioner Purnea Division,
                                   Purnea and the order dated 05.09.2019 (Annexure- P/6) and the
                                   order dated 04.03.2015 passed by the L.R.D.C. Purnea Sadar
                                   (Annexure-P/4) may be complied and the petitioner may get his
                                   possession over his entire purchased land vide registered deed of
                                   sale (Annexure-P/1)
                                                (iii) For issuance of such other appropriate
                                   writ/order/direction in the facts and circumstances of this case
                                   for the end of Justice.”



                               3. Considering the relief(s), as sought for in the

                   present writ petition, as well as, in view of the order dated

                   06.12.2023 (Annexure-P/9) to which the Circle Officer

                   concerned has not shown any interest to exercise his jurisdiction

                   and redress the grievance of the petitioner and the matter is
           Patna High Court CWJC No.1805 of 2026(2) dt.05-02-2026
                                                       3/3




                     pending since 2023, the petitioner is directed to file a detailed

                     representation before the District Magistrate, Purnea. The

                     District Magistrate is directed to call for the records from the

                     Circle Officer concerned and see, as to why, the measurement

                     has not been conducted by the Circle Officer concerned till date.

                     In case it is found that it is willful and deliberate on the part of

                     the Circle Officer concerned then in that case the District

                     Magistrate himself must visit the site and redress the grievance

                     of the petitioner, in accordance with law.

                                 4. The writ petition is, accordingly, disposed.

                                 5. Interlocutory Application(s), if any, also stands

                     disposed of.



                                               (Purnendu Singh, J)
Ashishsingh/-

U


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