Patna High Court
Ashok Kumar MaharajversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The petition was disposed of as withdrawn, with no substantive ruling on the merits.
Summary
Petitioner Ashok Kumar Maharaj filed a writ petition seeking to quash a notice (Memo No‑1062 dated 11/11/2024) issued by the Circle Officer, Bhagwanpur, directing land measurement in a case pending before the Circle Officer. The petitioner argued that the land was already the subject of Title Suit No‑37/2017, in which the same Circle Officer was a defendant, and that the notice contravened the Bihar Land Reform (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. The petitioner’s counsel also requested withdrawal of the petition. The Court, after hearing, disposed of the writ petition on the basis that it had been withdrawn by the petitioner. No substantive merits were decided.
Issues considered
- Whether the notice issued by the Circle Officer for land measurement is violative of the Bihar Land Reform (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961.
- Whether the notice can be quashed when the land is already the subject of a pending title suit (Title Suit No‑37/2017).
Subjects
- land measurement
- title suit
- quashing notice
- Bihar land reform
- civil writ jurisdiction
- pending suit
- withdrawal of petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2622 of 2025
======================================================
Ashok Kumar Maharaj Son of Late Sita Ram Maharaj, Resident of Ward No.
32, Raj Kunj, Mungeriganj, Police Station - Begusarai, District- Begusarai,
Bihar. Having permanent resident of Tola- Korjan, Village- Mokhtiyarpur,
Police Station - Bhagwanpur, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector Begusarai.
2. The Collector, Begusarai.
3. The Circle Officer, Bhagwanpur.
4. Ram Chandra Maharaj, S/o Late Sundar Maharaj, Resident of tola - Korjan,
village- Mokhtiyarpur, Police Station - Bhagwanpur, District - Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeet Kumar, Adv.
For the Respondent/s : Mr. Government Pleader (18)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 24-03-2026 Heard Mr. Sanjeet Kumar, learned counsel for the
petitioner and the State.
2. The present application has been preferred:
for quashing of the notice
contained in Memo No- 1062, dated
11/11/2024 issued under the signature of,
Circle Officer, Bhagwanpur, Begusarai,
issued in connection with land measurement
Case No- 31/2021-22, by which the
respondent Circle Officer, Bhagwanpur,
Begusarai, has directed for measurement of
the land on the application of private
respondent no- 4, namely, Ram Chandar
Maharaj, knowing fully well that the land in
question is also subject matter of Title Suit
No- 37/2017 (Ashok Kumar Maharaj &
Others v/s The State of Bihar & Others), in
Patna High Court CWJC No.2622 of 2025(4) dt.24-03-2026
2/2
which the respondent no- 3, The Circle
Officer, Bhagwanpur, is also defendant no- 3
in the proceeding of Title Suit No-37/2017
(Ashok Kumar Maharaj & Others v/s The
State of Bihar & Others).
The details of the land which is the
subject matter of the impugned notice are as
follows:-
(A) Mauza No- :- 275
(B) Thana No:- 10
(C) Khata No:- 221
(D) Khesra No:- 875
(E) Area:- 16.73
It is stated that the impugned
notice has been issued contrary to the
provisions as enumerated under the
provisions of Bihar Land Reform (Fixation of
Ceiling Area and Acquisition of Surplus
Land) Act, 1961.
3. Learned counsel for the petitioner prays for
withdrawal of the petition.
4. Accordingly, the writ petition is disposed of as
withdrawn.
(Rajiv Roy, J)
Vijay Singh/-
U
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