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Patna High Court

Nalin Bhushan SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the Collector, Rohtas to order the Circle Officer to demarcate the land, fix a date for the proceedings in the presence of parties, and complete the process within sixty days, thereby granting the writ of mandamus and stay.

Summary

The petition filed by Nalin Bhushan Singh sought a writ of mandamus directing the Circle Officer of Dinara to demarcate specific plots of land for which he had paid the requisite fee, and to stay the construction of a boundary wall being erected by private respondents in alleged collusion with the Circle Officer. The petitioner alleged that despite submitting the application and fee, the Circle Officer failed to act, thereby infringing his right, title and interest in the land. The State argued that once a petition is filed, the administrative authority must see it to logical conclusion. The Court examined whether the administrative inaction warranted a mandamus and stay, and held that the Collector must order the Circle Officer to fix a date, conduct the demarcation in the presence of parties, and complete the process within sixty days, recording any non‑appearance. Accordingly, the writ petition was disposed with these directions.

Issues considered

  • Whether a writ of mandamus can be issued directing the Circle Officer to demarcate the land in question.
  • Whether the Court can stay the construction of a boundary wall by private respondents acting in connivance with the Circle Officer.
  • Whether the administrative authority’s failure to act on a duly filed application constitutes a jurisdictional lapse justifying judicial intervention.

Subjects

  • land demarcation
  • writ of mandamus
  • administrative law
  • stay order
  • boundary wall
  • public officer
  • civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2846 of 2026
                 ======================================================
                 Nalin Bhushan Singh Son of Late Harinarayan Singh, Resident of Village and
                 P.O.- Mednipur, Police Station- Dinara, District- Rohtas.

                                                                      ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through District Magistrate-cum- Collector, Rohtas,
                 Sasaram.
           2.    The District Magistrate, Rohtas, Sasaram.
           3.    The Additional District Magistrate, Rohtas, Sasaram.
           4.    The Superintendent of Police, Rohtas, Sasaram.
           5.    The District Collector Land Reforms, Bikramganj, Rohtas, Sasaram.
           6.    The Sub Divisional Officer, Dinara, Rohtas, Sasaram.
           7.    The Block Development Officer, Dinara, Rohtas, Sasaram.
           8.    The Circle Officer, Dinara, Rohtas, Sasaram.
           9.    The Station House Officer, Dinara, Rohtas, Sasaram.
           10. Prem Ranjan Singh, Son of Late Harinarayan Singh, Resident of Village and
               P.O.- Mednipur, Police Station- Dinara, District- Rohtas.
           11. Rajiv Ranjan Singh, Son of Late Harinarayan Singh, Resident of Village and
               P.O.- Mednipur, Police Station- Dinara, District- Rohtas.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Niranjan Kumar, Advocate
                                          :    Mr. Rohan Kumar, Advocate
                                          :    Ms. Dikshika Singh, Advocate
                 For the State            :    Mr. Government Pleader (23)
                                          :    Mr. Arvind Kumar, AC to GP-23
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   19-02-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                “(i) for issuance of appropriate writ in

                                        the nature of Mandamus for directing and

                                        commanding     the      responsible    Respondent
Patna High Court CWJC No.2846 of 2026(2) dt.19-02-2026
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                             Authorities, specially Respondent No. 8 i.e.

                             Circle Officer, Dinara, Rohtas, Sasaram to

                             demarcate the land in question bearing Khata

                             No. 359, Plot Nos. 501. 502, 503, 504, 505, 514,

                             519 and 520, Thana No. 31, Mauza- Mednipur,

                             Thana Dinara appertaining to total Area-108

                             Dismal under the District of Rohtas, for which,

                             this petitioner has already paid the requisite fee

                             i.e. Rs. 2000/- (Rupees Two Thousand Only) to

                             the office of Circle Officer, Dinara, Rohtas vide

                             Receipt No. 812491 dated 09.04.2025 and

                             restore the same in its original position in

                             accordance with its entitlement as per the

                             documents, by which, the petitioner has interest,

                             right, title over the said land.

                                         (ii) for staying the construction of

                             boundary       wall     forcibly   making   over   the

                             construction over the said piece of land

                             belonging to this petitioner by the Private

                             Respondents in connivance with the Respondent

                             No. 8 i.e. the Circle Officer, Dinara, Rohtas,

                             Sasaram having some pecuniary interest, which
Patna High Court CWJC No.2846 of 2026(2) dt.19-02-2026
                                            3/4




                             is best known to them.

                                         (iii) and also for further issuance of

                             any other writ/ writs, order/ orders, direction/

                             directions for which the petitioner is legally

                             entitled to.”


                      3. The matter relates to a piece of land under Mauza

          Mednipur, Thana-Dinara in the district of Rohtas. The

          contention in the writ petition is that despite making application

          and submitting requisites, the Circle Officer, Dinara, Rohtas

          (respondent no.8) has failed to proceed and take the matter to its

          logical conclusion.

                      4. The different document shows the inability of the

          Circle Officer, Dinara, Rohtas to take the matter to its logical

          conclusion on frivolous ground.

                      5. Learned State counsel submits that once the

          petition has been filed, it has to be taken to its logical

          conclusion.

                      6. In that background, with the consent of the parties,

          the writ petition is disposed of directing the Collector, Rohtas,

          Sasaram to direct in turn the Circle Officer, Dinara, Rohtas

          (respondent no.8) to take appropriate steps, fix a date and in the

          presence of the parties, take the matter to its logical conclusion,
            Patna High Court CWJC No.2846 of 2026(2) dt.19-02-2026
                                                        4/4




                      if any of the party failed to appear, the same be recorded and in

                      any case the entire process has to be completed in next sixty

                      days from today.

                                  7. The writ petition is disposed of with the aforesaid

                      observation.



                                                    (Rajiv Roy, J)
vinayak/-

U


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