Patna High Court
Rita Kumari @ Anita KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The petition is disposed of, with parties directed to approach the Circle Officer for land measurement and rent fixation, and any further title dispute to be determined by a civil court.
Summary
Petitioners Rita Kumari and Baijnath Singh filed a writ petition seeking a direction for the measurement of their land parcels (Khata No.160, Khesra Nos.1566,1567, etc.), consideration of an online petition, and senior‑citizen benefits under the Senior Citizen Act. The State produced a measurement report showing that portions of the land are occupied by other persons, including the wife of respondent No.9, and that the petitioners were absent during measurement. The petitioners claimed an agreement and payment for their share and presented rent receipts. The Court held that the dispute should be resolved by the Circle Officer for re‑measurement and rent fixation, and any further title dispute should be pursued before a competent civil court. Accordingly, the writ petition was disposed of without granting the reliefs sought.
Issues considered
- Whether the High Court can direct measurement of the petitioners' land and grant the reliefs sought in the writ petition.
- Whether the petitioners are entitled to senior‑citizen benefits under the Senior Citizen Act.
- Whether the petitioners' grievance regarding non‑consideration of their online petition is maintainable.
- Whether the Court can order rent fixation and determination of possession.
Legislation cited
Subjects
- land measurement
- revenue rent
- senior citizen benefit
- writ petition
- circle officer
- civil court jurisdiction
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21065 of 2025
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1. Rita Kumari @ Anita Kumari wife of Surendra Prasad @Surendra Kumar
resident of mohalla- near Kamdhenu Hotel, P.O. and P.S. - Kadamkuan,
Patna 800003.
2. Baijnath Singh, son of late Ram Autar Singh, resident of Allahibagh, PO.
Bairiya, P.S. - Gaurichak present thana - Sampatchak, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Revenue and Land Reforms
Department, Government of Bihar, Patna.
2. The Collector, Patna.
3. The Sub-Divisional Officer, Patna Sadar, Patna.
4. The Circle Officer, Sampatchak, Patna.
5. The Superintendent of Police, Patna.
6. The In-charge, Gopalpur P.S. (Now Sampatchak PS), District- Patna.
7. Munna Rai @ Munna Prasad, son of late Ramdeo Rai, resident of village-
Sirpatpur, P.S. Gopalpur (Now Sampatchak), District-Patna.
8. Mithilesh Rai, son of late Ramdeo Rai, resident of village- Sirpatpur, P.S.
Gopalpur (Now Sampatchak), District- Patna.
9. Jitendra Kumar, son of Pancham Rai, resident of village- Udayani, P.S.
patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Prasad, Advocate.
Mr. Ajit Kumar Sinha, Advocate.
For the State : Mr. Birju Prasad, GP-13.
Mrs. Shweta Anand, AC to GP-13.
For the respondent no.9 : Mr. Rajiv Prashant, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 20-01-2026
Heard learned counsel appearing on behalf of the
petitioners; learned counsel for the State and learned counsel for
the respondent no.9
2. The present writ petition was heard on
19.01.2026 and at the request of Mr. Birju Prasad, learned
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counsel appearing on behalf of the State and Mr. Rajiv Prashant,
learned counsel appearing on behalf of the respondent no.9 that
a day accommodation is required who had objected to the relief
as prayed for in the present writ petition, which are as under:
“(i) For issuance of a direction to the respondent
No.4, the Circle Officer, Sampatchak Circle for
measurement of land of the petitioners pertaining the Khata
No.160, Khesra No.1566 and 1567 as well as Khata
No.160, Plot No. 1586 and 1587 having total area 23.875
decimal bounded as:-
North - Plot No.1586
South- Pyne
East - Plot No.1591
West - Plot No.1587 (Part).
(ii) For issuance of a direction that the petition filed
by the petitioners online as well as registered post which
has not been considered by the respondent authority
without assigning any reason which is contained in
Annexure-P/4.
(iii) For a direction to the respondent authority to give
benefit of senior citizen to the petitioner under Senior
Citizen Act.”
3. Mr. Birju Prasad, learned counsel appearing on
behalf of the State informs that a detailed report has been
communicated to him today by the Anchal Amin in respect of
the measurement of Khata No. 160, Khesra Nos. 1586 and 1587,
total area 21.875 decimal, situated at Sampatchak, Bairiya,
Patna. The Anchal Amin has informed that upon measurement,
total area in respect of Plot No. 1586 is 14 decimal over which a
double storied building is standing which is claimed by one
Gyanti Devi, W/o Jitendra Kumar, resident of village – Udayani,
Patna and total area in respect of Plot No. 1587 is 7.125 decimal
and no name has been given in respect of the occupier, however,
Patna High Court CWJC No.21065 of 2025 dt.20-01-2026
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out of 7.125 decimal of total area of the said Plot No. 1587, 0.75
decimal is occupied by one Ramnath Prasad, S/o late Faudari
Das and Bebi Devi, wife of Sanjay Sao, who have pakka house
over the said piece of land. It has also been informed that the
petitioner remained absent at the time of measurement. A xerox
copy of the report of the Anchal Amin is kept on the record.
4. Mr. Rajiv Prashant, learned counsel appearing on
behalf of the respondent no.9 informs that he has received
instruction that the total area of 7.125 decimal, out of the said
two piece of land, stands in the name of the wife of the
respondent no.9 over which they have double storied building in
which they are living peacefully.
5. Mr. Ajay Prasad, learned counsel appearing on
behalf of the petitioner submitted that the petitioner has entered
into an agreement with one Suresh Rai and Jitendra Rai who
had executed an agreement dated 10.03.2003 after receiving a
sum of Rs. 2,99,500/- in respect of their share of land in light of
the earlier sale deed executed on 06.07.2001. From the
measurement of the Anchal Amin also, it appears that out of Plot
No. 1587, only 0.75 decimal falls in the share of Ram Nath
Prasad. Learned counsel, however, admits that Jamabandi No.
12 in respect of the share of the petitioner was created and the
petitioner has been making payment of revenue rent and in that
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respect he has also annexed rent receipt for financial year 2019-
20 and subsequent to that no piece of paper has been produced.
6. Heard the parties.
7. In view of the dispute as has arisen after the
measurement report of the Anchal Amin, I find that it would be
in the interest of the respective parties that they may file their
application before the Circle Officer, Sampatchak, Patna for
determination of their respective part of land which are in their
respective possession, then in that case, the Circle Officer is
directed to proceed to refix the rent in accordance with law, if
the same has not been fixed as per the proper measurement and
possession of the respective parties.
8. In case, there is any dispute between the parties,
they are at liberty to avail appropriate remedy for determination
of their title by a competent civil court having jurisdiction.
9. The writ petition, accordingly, stands disposed
of.
(Purnendu Singh, J)
mantreshwar/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 22.01.2026
Transmission Date N.A.
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