Patna High Court
Savita DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
Holding
The court held that the petitioners must first approach the concerned authority for demarcation, and therefore the writ petition was not entertained.
Summary
Savita Devi and Pryesh Kumar Singh, who purchased land in 2015 and had the title mutated in their names, filed a writ petition seeking a mandamus directing the State authorities to demarcate the land and hand over peaceful possession. The petitioners had not previously approached the administrative authorities for demarcation. The court observed that the petitioners must first make a representation to the concerned authority, namely the Circle Officer, before a writ can be issued. Consequently, the court directed the petitioners to file a representation and ordered the Circle Officer to consider it and pass a reasoned order within three months. The writ application was therefore disposed of without granting the relief sought.
Issues considered
- Whether a writ of mandamus can be issued to compel land demarcation when the petitioners have not first approached the administrative authority.
Subjects
- land demarcation
- mandamus
- mutation of title
- administrative remedy
- civil writ jurisdiction
- possession
- representation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18183 of 2021
======================================================
1. Savita Devi Wife of Late Awadhesh Kumar Singh, Resident of Village -
Bishanpur Beri Balagachh, P.S. - Mohiuddin Nagar, District - Samastipur.
2. Pryesh Kumar Singh, Son of Late Awadesh Kumar Singh, Resident of
Village - Bishanpur Beri Balagachh, P.S. - Mohiuddin Nagar, District -
Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Bihar, Patna.
2. The Principal Secretary, Revenue and Land Reforms, Bihar, Patna.
3. The Home Secretary Govt. of Bihar, Patna.
4. The Collector, Samastipur.
5. The Superintendent of Police, Samastipur.
6. The Sub-Divisional Officer, Patori, District - Samastipur.
7. The Deputy Collector, Land Reforms, Patori, District - Samastipur.
8. The Circle Officer, Mohanpur, District - Samastipur.
9. The S.H.O. Mohanopur (O.P.) Police Station, District - Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Surendra Kumar Mishra, Adv.
For the Respondent/s : Mr.Rishi Raj Sinha (SC19)
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
7 16-03-2026 Heard the learned counsel for the parties.
2. Learned counsel for the petitioners submits that he
may be permitted to file the original hard copy of the present
writ application, which was not filed during the period of
Covid-19.
3. Permission is accorded.
4. The present application has been preferred for
grant of following relief(s) :-
Patna High Court CWJC No.18183 of 2021(7) dt.16-03-2026
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(i) That, the petitioners craves indulgence of
this Hon’ble Court for issuance of an
appropriate writ in the nature of mandamus
or any other writ/ writs, order/orders,
direction/ directions, command/ commands
for directing the respondents to demarcated
the land in question and handover the
peaceful possession to the petitioners.
5. Learned counsel for the petitioners submits that his
simple prayer in the present application is with regard to the
demarcation of the land purchased by the petitioners through
sale deeds executed in the year 2015.
6. Learned A.C. to SC-19, at the outset, submits that
prior to filing the present writ application, the petitioners had
not even approached any of the authorities with a prayer for
demarcation.
7. Having heard the learned counsel for the parties and
from perusal of the record it transpires that prior to filing the
present writ application, the petitioners had not approached the
concerned authorities with a prayer for demarcation. It has been
specifically averred by the petitioners that the land in question
has been mutated in the names of the petitioners and therefore,
in order to sell the said land, the demarcation is necessary.
Patna High Court CWJC No.18183 of 2021(7) dt.16-03-2026
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8. In view of the above, the petitioners is directed shall
make a representation before the concerned authority praying
for demarcation of his land. The authority concerned i.e.
Respondent No. 8, the Circle Officer, Mohanpur, Samastipur
shall consider the application of the petitioners and pass a
reasoned order within a period of three months from the date of
receipt/ production of a copy of this order.
8. Accordingly, the application stands disposed of.
(Sourendra Pandey, J)
Gautam/-
U T
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