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Patna High Court

Ram Ekabal Paswan,versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court disposed the writ petition, directing the petitioner to approach the Circle Officer with a proper petition and allowing the officer to decide the demarcation.

Summary

Petitioner Ram Ekabal Paswan filed a writ petition seeking a court direction for the demarcation of specific land parcels in Rohtas district, alleging that the Circle Officer had not acted on his repeated representations. The petitioner claimed he fulfilled all statutory criteria for land demarcation under the land reforms scheme. The State counsel argued that the petitioner should first file a proper petition with the Circle Officer before the court can intervene. The court held that it could not directly order demarcation but directed the petitioner to approach the Circle Officer with a proper petition and for the officer to pass an order by 30 June 2026. Accordingly, the writ petition was disposed, allowing the administrative process to proceed.

Issues considered

  • What is the appropriate forum for directing the demarcation of land under the Bihar Land Reforms provisions?
  • Can a High Court issue a direct order for land demarcation without a proper petition before the concerned administrative officer?

Subjects

  • land demarcation
  • civil writ jurisdiction
  • Bihar Land Reforms
  • administrative law
  • high court order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.21029 of 2025
                 ======================================================
                 Ram Ekabal Paswan, S/o Kumar Vimal, R/o Village - Turki, Post-
                 Muradabad, P.S. Agarer, District- Rohtas, Bihar-821113.

                                                                    ... ... Petitioner/s
                                              Versus
           1.    The State of Bihar through the Principal Secretary, Land Reforms
                 Department, Bihar, Patna.
           2.    The District Magistrate, Rohtas.
           3.    The Sub-Divisional Officer, Sasaram, District- Rohtas.
           4.    The Deputy Collector Land Reforms, Sasaram, District- Rohtas.
           5.    The Anchal Adhikari, Sasaram, District-Rohtas.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Deepak Kumar, Advocate
                 For the Respondent/s   :       Mr. Government Pleader (04)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   12-01-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief(s):

                                               “i) For a Direction to the Respondent

                                  State as to demarcation of my Land in question

                                  Khata No. 35, Khesra No. 312 an area 56 decimal &

                                  Khesra No. 316 an area 79 Decimal, and Khata No.

                                  36, Khesra No. 313 an area 85 decimal & Khesra

                                  No. 315 an area lacre 14 decimal of Mauza- Turki,

                                  Village -Turki, Anchal- Sasaram within the District

                                  of Rohtas.

                                               ii) For    a further       direction to the
          Patna High Court CWJC No.21029 of 2025(2) dt.12-01-2026
                                                     2/2




                                    Respondent to Demarcation of the aforesaid piece of

                                    land in the favors of this Petitioner as he is fulfilling

                                    all the criteria's made in this regard as while at one

                                    hand.

                                                iii) For any other relief or reliefs, the

                                    Petitioner is entitled for.”

                                3. Learned counsel for the petitioner submits that

                    despite repeated representation before the Circle Officer, Sasaram

                    (respondent no. 5), he is not taking the matter to its logical

                    conclusion.

                                4. Learned State counsel submits that if a proper

                    petition is preferred, the same shall be taken to its logical

                    conclusion.

                                5. The writ petition stands disposed of allowing the

                    petitioner to approach the Circle Officer, Sasaram (respondent no.

                    5) along with the proper petition. The Circle Officer, Sasaram

                    (respondent no. 5), after hearing the parties, shall pass an

                    appropriate order in accordance with law and it is expected that the

                    matter shall be taken to its logical conclusion by 30.06.2026.



                                                  (Rajiv Roy, J)
Adnan/-

U


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