Patna High Court
Ashok KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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/-
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