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Patna High Court

Ratneshwar MishraversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court directed the District Magistrate‑cum‑Collector to examine the cadastral and revisional survey records, decide in favour of the cadastral entries, and communicate the decision, thereby disposing of the petition.

Summary

The petitioners, Ratneshwar Mishra and Arjun Mishra, filed a writ petition seeking mandamus to restrain the State of Bihar and its revenue officials from constructing on, disturbing possession of, or improperly acquiring their purchased land in Naruar, Madhubani. They also requested liberty to file a detailed application before the District Magistrate‑cum‑Collector and urged that the authorities follow due land‑acquisition procedures. The petition relied on Memo No. 71 dated 03‑02‑2026, which vests the Revenue Reforms Department with the power to decide matters based on cadastral survey entries, deeming them prevailing over revisional survey entries in case of discrepancy. The court examined the petition and directed the District Magistrate‑cum‑Collector to summon the relevant revenue records, compare cadastral and revisional survey entries, and decide the case in accordance with the cadastral survey, communicating the decision to the competent authority and the petitioners. With these directions, the court disposed of the writ petition.

Issues considered

  • What relief, if any, is appropriate in the form of mandamus to restrain construction or disturbance of possession on the petitioners' purchased land?
  • Whether the authorities must follow the procedure prescribed under land acquisition law in this case.
  • Whether the court can direct the District Magistrate‑cum‑Collector to decide the matter based on cadastral survey entries as per Memo No. 71.

Subjects

  • land acquisition
  • mandamus
  • cadastral survey
  • revenue records
  • construction
  • possession
  • Bihar
  • writ petition

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.2183 of 2026
                 ======================================================
           1.     Ratneshwar Mishra Son of Late Tejilal Mishra,
           2.    Arjun Mishra, Son of Shukhdeo Mishra,
                 Both are Resident of Village-Ward No. 14, Naruar, P.S.-Bhairavsthan, Dis-
                 trict-Madhubani.

                                                                         ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Revenue and Land Reforms, Government of Bihar.
           2.    The Collector cum District Magistrate, Madhubani.
           3.    The Add. Collector cum Add. District Magistrate, Land Reform, Madhubani.
           4.    The District Land Acquisition Officer, Madhubani.
           5.    The Circle Officer, Jhanjharpur, Madhubani.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :    Mr.Navnit Kumar, Advocate
                 For the Respondent/s   :    Government Pleader (24)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   10-02-2026                   Heard learned counsel appearing on behalf of the pe-

                   titioners and the learned counsel for the State.

                               2. The petitioners in paragraph no. 1 of the present

                   writ petition have sought inter alia following relief(s), which is

                   reproduced hereinafter:-

                                          “i. For issuance of a writ in the nature of
                                mandamus or any other appropriate writ,
                                order/orders, directing/commanding restraining the
                                respondents for making any construction over the
                                purchased land of the petitioners pertaining to
                                Khata (old) No.367, Khata (new No.1284, Khesara
                                (old) no.3044, Khesara (new) no.5075, thana
                                no.159, area 43 decimals situated in Mauja Naruar.
                                          ii. For issuance of a writ in the nature of
                                mandamus or any other appropriate writ,
Patna High Court CWJC No.2183 of 2026(2) dt.10-02-2026
                                            2/3




                        order/orders, directing/commanding not to disturb
                        in the peace full possession of the petitioners over
                        the purchased land of the petitioners pertaining to
                        Khata (old) no.367, Khata (new) No.1284, Khesara
                        (old) No.3044, Khesara (new) no.5075, thana
                        no.159, area 43 decimals situated in Mauja Naruar.
                                  iii. For issuance of a writ in the nature of
                        mandamus or any other appropriate writ,
                        order/orders directing the respondents to follow
                        due procedure of land acquisition and acquired the
                        purchased land of the petitioners pertaining to
                        Khata (old) No.367, Khata (new) no.1284, Khesara
                        (old) no.3044, Khesara (new) no.5075, thana
                        no.159, area 43 decimals situated in Mauja Naruar.
                                  iv. For issuance of any other relief/reliefs,
                        interim relief/reliefs for which the petitioner is
                        found entitled to.”

                      3. Learned counsel appearing on behalf of the

          petitioners submitted that the petitioners seek liberty to file a

          detailed application before the concerned District Magistrate-

          cum-Collector for consideration of their grievances as prayed

          for in the present writ petition.

                      4. Learned counsel further submitted that by a general

          direction, all the Revenue Reforms Department vide Memo

          No. 71 dated 03.02.2026 have been vested with the powers to

          decide matters on the basis of entries made in the cadastral

          survey, as well as, the revisional survey, particularly with

          respect to lands recorded as government land.

                      5. It has been clarified in paragraph 4 of the said

          memo that in case of any discrepancy, the entries made in the
        Patna High Court CWJC No.2183 of 2026(2) dt.10-02-2026
                                                    3/3




                  cadastral survey shall prevail.

                              6. Accordingly, the concerned District Magistrate-

                  cum-Collector        is directed to call for the relevant revenue

                  records relating to the land, in question, examine the entries

                  recorded in both the cadastral survey and the revisional survey

                  and decide the case of the petitioners in the light of the entries

                  made in the cadastral survey expeditiously and communicate to

                  the competent authority, as well as, to the petitioners.

                              7. With the above observation/direction, the present

                  writ petition stands disposed of.




                                            (Purnendu Singh, J)
chn/-

U       .


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