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Patna High Court

Ashok KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that the petitioner may implead the Sub‑Divisional Magistrate and must file a petition before the SDM within four weeks for further relief.

Summary

Ashok Kumar filed a writ petition seeking a mandamus directing the State officials to consider his applications dated 16‑12‑2025 for demarcation of purchased land and to protect him from unlawful possession by private parties. The State argued that the grievance should be addressed before the Sub‑Divisional Magistrate (SDM) of Areraj against the private respondents. The Court allowed the petitioner to implead the SDM as a respondent and directed that a petition be filed before the SDM within four weeks, after which the matter would proceed to its logical conclusion. No substantive merits on the demarcation claim were decided. The writ petition was disposed with the observation that the appropriate forum is the SDM.

Issues considered

  • What is the appropriate forum for seeking redress of the petitioner's grievance regarding land demarcation and protection from illegal possession?

Subjects

  • land demarcation
  • mandamus
  • possession
  • land reforms
  • civil writ jurisdiction
  • sub‑divisional magistrate

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1955 of 2026
                 ======================================================
                 Ashok Kumar S/o Late Yogendra Sharma, Resident of Village- Goietha, Barhi
                 Tola, Ward No. 4, P.S. - Harsidhi, District- East Champaran, Motihari.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Principal Secretary, Revenue and Land Reforms,
                 Govt. of Bihar, Patna.
           2.    The Principal Secretary, Revenue and Land Reforms, Govt. of Bihar, Patna.
           3.    The Collector-Cum-District Magistrate, East Champaran, Motihari.
           4.    The Addl. Collector, East Champaran, Motihari.
           5.    The Anchaladhikari, Harsidhi, East Champaran, Motihari.
           6.    Chaturgun Sharma, S/o Late Raghuveer Sharma, Resident of village-
                 Goietha, Barhi Tola, Ward No. 4, P.S.- Harsidhi, District- East Champaran,
                 Motihari.
           7.    Sanjay Sharma, S/o Chaturgun Sharma, Resident of village- Goietha, Barhi
                 Tola, Ward No. 4, P.S.- Harsidhi, District- East Champaran, Motihari.
           8.    Alok Sharma, S/o Chaturgun Sharma, Resident of village- Goietha, Barhi
                 Tola, Ward No. 4, P.S.- Harsidhi, District- East Champaran, Motihari.
           9.    Ramesh Sharma, S/o Chaturgun Sharma, Resident of village- Goietha, Barhi
                 Tola, Ward No. 4, P.S.- Harsidhi, District- East Champaran, Motihari.
           10. The Sub-Divisional Magisrate, Areraj, East Champaran, Motihari

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Sharda Nand Mishra, Advocate
                                        :      Ms. Isha Mishra, Advocate
                                        :      Mr. Sumit Kumar Gupta, Advocate
                 For the State          :      Mr. Government Pleader (16)
                                        :      Mr. Yatindra Narayan, AC to GP-16
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   05-02-2026                     Learned counsel for the petitioner prays for and is

                   allowed to implead the Sub-Divisional Magistrate, Areraj, East

                   Champaran, Motihar as respondent no.10 in course of the day.

                                 2. Heard Ms. Isha Mishra, learned counsel for the

                   petitioner and learned counsel representing the State.
Patna High Court CWJC No.1955 of 2026(2) dt.05-02-2026
                                            2/3




                      3. The present petition has been preferred for the

          grant of following relief(s):

                                  “(i) for issuance of writ nature of mandamus

                             for direction to the respondents to consider the

                             applications dated 16.12.2025 filed before the

                             respondents for demarcations of the purchased

                             land and deliver possessions to the petitioner.

                                  (ii)   for      further   issue   directions   to

                             respondents to give protections from the private

                             respondents who have forcibly took possession of

                             the purchased land of the petitioner whenever

                             they have no any title.

                                  (iii) for that further give other consequential

                             benefit to the petitioners.”


                      4. Learned State counsel submits that for the redressal

          of the grievance, the petitioner ought to have move before the

          Sub-Divisional Magistrate, Areraj, East Champaran against the

          respondent no.6 to 9, so that proper notices are issued,

          appropriate passed.

                      5. At this stage, learned counsel for the petitioner

          submits that though petitions were already preferred before all

          the concerned respondents including the Principal Secretary,
            Patna High Court CWJC No.1955 of 2026(2) dt.05-02-2026
                                                        3/3




                      Land Reforms, Bihar and the Collector, East Champaran,

                      Motihari, appropriate steps shall be taken for moving before the

                      Sub-Divisional Magistrate, Areraj, East Champaran.

                                  6. If such petition is preferred in next four weeks after

                      noticing/hearing the parties, it be taken to its logical conclusion.

                                  7. The writ petition is disposed of with the aforesaid

                      observation.



                                                    (Rajiv Roy, J)
vinayak/-

U


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