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Patna High Court

Awdhesh Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                                      2/2




                                    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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