Patna High Court
Aniket Kumar alias Aneeket KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court directed the District Magistrate‑cum‑Collector to summon the Circle Officer, obtain records, and ensure the land measurement is completed within a week, thereby disposing of the petition.
Summary
Aniket Kumar filed a writ petition seeking a mandamus directing various state authorities to complete the measurement and demarcation of his ancestral land under Rule 23(2) of the Bihar Tenancy (Amendment) Rules, 2023. He had deposited the required measurement fee on 14‑04‑2025, but the Circle Officer failed to act for eight months, causing inconvenience. The State argued that the petitioner should have pursued the remedy before the Circle Officer and that the petition was not maintainable. The Court noted the petitioner’s compliance with fee payment and the Circle Officer’s inaction, and ordered the District Magistrate‑cum‑Collector to summon the Circle Officer, obtain revenue records, and ensure measurement within a week. The petition was consequently disposed of.
Issues considered
- Whether the writ petition is maintainable despite the existence of an administrative remedy before the Circle Officer.
- Whether a mandamus can be issued directing the authorities to carry out land measurement and demarcation under Rule 23(2) of the Bihar Tenancy (Amendment) Rules, 2023.
Subjects
- land measurement
- demarcation
- mandamus
- Bihar Tenancy (Amendment) Rules 2023
- administrative law
- writ petition
- revenue records
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2276 of 2026
======================================================
Aniket Kumar alias Aneeket Kumar Son of Raj Kumar Mahto, Aadhar No.
2044 9056 3797, Resident of Shiva Jee Nagar Pandaul, Post Pandaul, Police
Station Pandaul, Circle Pandaul, Subdivision Madhubani Sadar District
Madhubani Bihar, Pin Code 847234.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Revenue and Land Reforms Department,
Government of Bihar, Patna.
3. The Secretary, Revenue and Land Reforms Department, Government of
Bihar, Patna, Bihar.
4. The Director, Land Records and Survey, Revenue and Land Reforms
Department, Government of Bihar, Patna.
5. The Divisional Commissioner, Darbhanga, Bihar.
6. The Collector cum District Magistrate, Madhubani, Bihar.
7. The Superintendent of Police, Madhubani, Bihar.
8. The Additional Collector (Revenue), Madhubani, Bihar.
9. The Sub Divisional Officer Madhubani (Sadar), Madhubani, Bihar.
10. The Sub Divisional Police Officer (SDPO) Madhubani (Sadar), Madhubani,
Bihar.
11. The Deputy Collector, Land Reform Madhubani (Sadar) Bihar.
12. The Circle Officer, Pandaul Madhubani, Bihar.
13. The Station House Officer, Pandaul Madhubani, Bihar.
14. The Revenue Karamchari Halka Pandaul Circle Pandaul Madhubani, Bihar.
15. The Anchal Amin Halka Pandaul Circle Pandaul Madhubani, Bihar.
16. Mr. Amarjeet Kumar Mahto, Son of Late Mohan Mahto, Shiva Jee Nagar
Pandaul, Post Pandaul, Police Station Pandaul, Circle Pandaul, Subdivision
Madhubani Sadar District Madhubani Bihar, Pin Code- 847234.
17. Mr. Ranjan Kumar Mahto, Son of Late Mohan Mahto, Shiva Jee Nagar
Pandaul, Post Pandaul, Police Station Pandaul, Circle Pandaul, Subdivision
Madhubani Sadar District Madhubani Bihar, Pin Code- 847234.
18. Mrs. Nirmala Devi, Wife of Late Mohan Mahto, Shiva Jee Nagar Pandaul,
Post Pandaul, Police Station Pandaul, Circle Pandaul, Subdivision
Madhubani Sadar District Madhubani Bihar, Pin Code- 847234.
19. Mrs. Kushboo Kumari, Wife of Rakesh Mahto, Shiva Jee Nagar Pandaul,
Post Pandaul, Police Station Pandaul, Circle Pandaul, Subdivision
Madhubani Sadar District Madhubani Bihar, Pin Code- 847234.
20. Mrs. Puja Devi, Wife of Dipu Kumar Mahto, Shiva Jee Nagar Pandaul, Post
Pandaul, Police Station Pandaul, Circle Pandaul, Subdivision Madhubani
Sadar District Madhubani Bihar, Pin Code- 847234.
Patna High Court CWJC No.2276 of 2026 dt.12-02-2026
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... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Kumar No .13, Advocate
Mr.Rohit Kumar, Advocate
For the Respondent/s : Mr.Anil Kumar Singh, GP 26
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 12-02-2026
Heard Mr. Manish Kumar No.13 along with Mr. Rohit
Kumar, learned counsels appearing on behalf of the petitioner
and Mr. Anil Kumar Singh, learned GP 26 for the State.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought inter alia following relief(s), which is
reproduced hereinafter:-
“(A) A Mandamus Commanding the
respondent authorities to take appropriate steps for
disposal of Land Measurement As Well As
Demarcation Application 14.04.2025 corresponding
case no 2025-26/6 by the name of Rashmi Devi who
is Grand Mother of Petitioner (Annexure-P2) Land
in question have bona fide/genuine title holder of
petitioner ancestral of petitioner I.e. comprising on
land in question Le Khata no 1049 Khesra no. 3647
Mouza Pandaul pashimi Thana no. 108 Aren 01
khata 14 dur (4.36 decimal) Jamabandi number
206109400039418 vol 6 page no 2404 Circle
Pendaul Subdivision Madhubani Sadar District
Madhubani Bihar under Rule 23(2) of Bihar
Tenancy (Amendment) Rules, 2023.
(B) A Mandamus Commanding the
respondent authorities to take appropriate step(s)
against the responsible officers/Anchal staff who
have not complied that mandate rule 23(2) of Bihar
Tenancy (Amendment) Rules, 2023 where the
application for measurement as well as
demarcation Application dated 14.04.2025
Patna High Court CWJC No.2276 of 2026 dt.12-02-2026
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corresponding case no 2025-26/6 by the name of
Reshmi Devi who is Grand Mother of Petitioner of
Land in question which complied within in a
Maximum of 30 working days but after lapse of 08
months to action taken by the authorities concern
on land in question I.e. Khata na 1049 Khesra no
3647 Muaza Pandaul pashimi Thana no. 108 Area
01 khata 14 dur (4.36 decimal) Jamabandi number
206109400039418 vol 6 page no. 2404 Circle
Pandaul Subdivision Madhubani Sadar District
Madhubani Bihar.
(C) A Mandamus Commanding the
respondent authorities to take appropriate step(s)
for Land measurement as well as demarcation
under Rule 23(2) of Bihar Tenancy (Amendment)
Rules 2023 of Land in question I.e. comprising i.e.
Khata No.1049, Khesra o.3647, Mauza Pandaul
Pashimi Thana No.108, Area 01, Khata 14 dhur
(4.36 dicimal) Jamabandi Number
206109400039418 vol. Page no. 2404 Circle
Pandaul Subdivision Madhubani Sadar District
Madhubani Bihar.
(D) For any other relief reliefs for which
the petitioner is found entitled to in the facts and
circumstances of the present case.”
3. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner in support of his claim,
as prayed for in the present writ petition has given information
in Paragraph No.7 that he has already deposited the required
measurement fee in the Circle Office on 14.04.2025 online, for
which the receipt has also been generated and kept as Annexure
P/2 but in spite of depositing the said measurement fee, the
Circle Officer for the reasons best known to him has not
measured the land, causing inconvenience to the petitioner.
Patna High Court CWJC No.2276 of 2026 dt.12-02-2026
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4. Per contra, Mr. Anil Kumar Singh, learned
counsel for the State submitted that the petitioner instead of
pursuing his remedy before the Circle Officer, Pandul
(Madhubani) has straightaway filed the present writ petition,
which is not maintainable and is fit to be dismissed.
4. Heard the parties.
5. Having considered the rival submissions made on
behalf of the parties, as well as, considering the fact that the
petitioner having deposited the required fee for measurement, as
has been informed in Paragraph No.7 of the writ petition, I find
that the Circle Officer concerned has sat tight over the
application of the petitioner, which has caused inconvenience to
him and forced to file the present writ petition.
6. The District Magistrate-cum-Collector,
Madhubani is directed to call for the revenue records relating to
the land, in question, and also summon the concerned Circle
Officer to appear before him along with the revenue records
relating to the land of the petitioner and all the concerned
persons within a period of one week from the date of receipt of
this order and direct the Circle Officer to furnish a detail report
before him with a further period of one week and thereafter, take
a conscious decision in accordance with law in respect of the
Patna High Court CWJC No.2276 of 2026 dt.12-02-2026
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claim of the petitioner, for which he has already deposited the
required measurement fee and see that the measurement is
conducted within a further period of one week.
7. With the above observation/direction, the present
writ petition stands disposed of.
(Purnendu Singh, J)
chn/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.02.2026
Transmission Date NA
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