Patna High Court
Awdhesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court held that, because a prior order directing demarcation exists and the petitioner must now comply with the prescribed procedural steps, the writ petition is disposed without further direction.
Summary
Petitioner Awdhesh Kumar Yadav filed a writ petition seeking a mandamus directing the authorities to measure and demarcate his land in Pachra Nimahi, Sitamarhi, at his cost. He later informed the court that a prior order dated 18‑07‑2024 in B.L.D.R. Case No. 95 of 2022 had already directed the Circle Officer to carry out the demarcation, and that he now needed to submit an online requisition with the prescribed fee. The court held that, given the existing order, the writ petition could be disposed of, granting the petitioner liberty to comply with the procedural requirement. It further directed that the Circle Officer should not delay the application on any frivolous ground. Accordingly, the petition was disposed without further relief.
Issues considered
- Whether a mandamus can be issued to compel measurement and demarcation of land when a prior administrative order already exists
- Whether the writ petition remains maintainable after the petitioner is required to fulfill procedural formalities such as online requisition and fee payment
Subjects
- mandamus
- land demarcation
- writ petition
- procedural compliance
- Circle Officer
- Land Reforms
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2739 of 2026
======================================================
Awdhesh Kumar Yadav son of Late Ramashish Thakur Yadav, resident of
Village Chakmahila (Madhuban Road) ward No. 21, Police Station Bajpatti,
District Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Revenue and Land Reforms
Department, Government of Bihar, Patna.
2. The District Magistrate, Sitamarhi.
3. The Deputy Collector, Land Reforms, Pupari, District Sitamarhi.
4. The Anchal Adhikari, Bajpatti, District Sitamarhi.
5. Rita Devi, widow of Late Ashok Kumar Yadav, resident of Village
Chakmahila, (Madhuban Road) Ward No. 21, Police Station Bajpatti,
District Sitamarhi.
6. Praveen Kumar, son of Late Ashok Kumar Yadav, resident of Village
Chakmahila, (Madhuban Road) Ward No. 21, Police Station Bajpatti,
District Sitamarhi.
7. Pranav Kumar Yadav, son of Late Ashok Kumar Yadav, resident of Village
Chakmahila, (Madhuban Road) Ward No. 21, Police Station Bajpatti,
District Sitamarhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhas Ranjan, Advocate
For the Respondent/s : AC to Government Pleader (17)
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 19-02-2026 Heard Mr. Prabhas Ranjan, learned counsel
appearing on behalf of the petitioner and learned AC to
Government Pleader (17) for the State.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought inter alia the following relief(s), which is
reproduced hereinafter:-
"(i) A Mandamus commanding the respondents
to measure the lands of the petitioner situate in village
Pachra Nimahi in the District of Sitamarhi (the details of
which is given in Para-4 of the petition) by the Anchal Amin
Patna High Court CWJC No.2739 of 2026(2) dt.19-02-2026
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at his cost and demarcate it.
(ii) Any other relief or reliefs for which
petitioner may be found entitled to in the facts and
circumstances of the present case may be granted to him."
3. Mr. Prabhas Ranjan, learned counsel appearing on
behalf of the petitioner submitted that the petitioner don't want
to press the present writ petition in view of the fact that a
direction has already been issued to the Circle Officer by the
D.C.L.R. vide order dated 18.07.2024 passed in B.L.D.R. Case
No. 95 of 2022 for demarcating the land in question. The
petitioner has now been informed that he has to make
requisition online along with the requisite fee.
4. In such circumstances, the present writ petition
stands disposed of with a liberty to the petitioner to do needful
for his relief as prayed for in the present writ petition.
5. It is made clear that the Circle Officer concerned,
after submission of requisite fee and online requisition made by
the petitioner, must not keep the application of the petitioner
pending on any frivolous ground.
6. Accordingly, the present writ petition stands
disposed of.
(Purnendu Singh, J)
Niraj/-
U
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