Patna High Court
Manirul Islam @ Md. Manirul HaqueversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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
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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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