Patna High Court
Ashok Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the petitioner must first comply with the notice by submitting documents to the Circle Officer, and therefore the petition for quashing the notice was not entertained.
Summary
The petitioner, Ashok Kumar Gupta, filed a writ petition seeking quashing of a notice issued by the Circle Officer, Rahika, for measurement of his land and restraining further actions, alleging that the officer lacked jurisdiction and that the land was subject to pending title suits. The State counsel argued that the petitioner should first approach the Circle Officer with his documents and that other grievance mechanisms exist. The court noted that the petitioner must submit all relevant documents to the Circle Officer as per the notice and that the officer must act in accordance with law after hearing all parties. It further directed the petitioner to approach the police or Sub‑Divisional Magistrate for any peace‑disturbing issues. Consequently, the writ petition was disposed of with observations, without granting the reliefs sought.
Issues considered
- Whether the notice issued by the Circle Officer for land measurement is illegal and beyond his statutory powers.
- Whether the petitioner is entitled to a writ for quashing the notice and restraining further measurement of the land.
- Whether pending title suits affect the authority of the Circle Officer to order measurement.
- Whether the petitioner can obtain a direction restraining private respondents from encroaching on his possession.
Subjects
- land measurement
- circle officer jurisdiction
- quashing notice
- pending title suit
- property dispute
- civil writ jurisdiction
- encroachment
- petition disposed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3148 of 2026
======================================================
Ashok Kumar Gupta Son of Late Kedar Sah, Resident of Mohalla- Suratganj,
Madhubani Town, Ward No. 8, P.S.- Madhubani Town, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Department of Land Revenue, Government of
Bihar, Patna.
3. The District Magistrate-cum-Collector, Madhubani.
4. The Superintendent of Police, Madhubani.
5. The Circle Officer, Rahika, District- Madhubani.
6. Surya Narayan Gupta Son of Late Kedar Sah, Resident of Mohalla-
Suratganj, Private Bus Stand, Madhubani Town, Ward No. 08, P.S.-
Madhubani Town, District- Madhubani.
7. Binod Kumar Gupta, Son of Late Kedar Sah, Resident of Mohalla-
Suratganj, Private Bus Stand, Madhubani Town, Ward No. 08, P.S.-
Madhubani Town, District- Madhubani.
8. Umesh Kharga, Son of Late Nandu Kharga, Resident of Mouje Gandhinagar
Simri, P.S.- Bisfi, District- Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Kumar Singh, Advocate
For the State : Mr. Manish Kumar, GP-4
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 13-03-2026 Heard Mr. Ravindar Kumar Singh, learned counsel
for the petitioner and Mr. Manish Kumar, learned GP-4
representing the State.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for Quashing of the Notice No.
55/XI dated 28.01.2026 issued by the Circle
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Officer, Rahika, District-Madhubani for
measurement of the land of the Petitioner on
31.01.2026 and on his appearance on that day
with all relevant documents concerning his
ownership of the land in question then
oral/verbal order was given to him that
measurement of the land would be subsequently
done on 14.02.2026.
(ii) for holding that the Notice No.
55/XI dated 28.01.2026 issued by the Circle
Officer, Rahika, Madhubani for measurement of
the land on 31.01.2026 is illegal and not
accordance to the law.
(iii) for holding that the Circle Officer,
Rahika has got no power vested in the law for
measurement of the land pertaining to Mouja
Chakdah, Madhubani, Thana No.33, Khata
No.311, Khesra No.105 and Total Area being
1.09 Decimals.
(iv) for holding that the Circle Officer,
Rahika has got no power for measurement of the
land in question when the Title Suit No. 288 of
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2024 & Title Suit No. 27 of 2025 filed by the
Petitioner against the Private Respondent Nos. 6
to 8 are pending for final hearing and disposal
before the Learned Court of Sub-Judge - I,
Madhubani.
(v) for a direction to the Circle Officer,
Rahika, Madhubani not to pass further order for
measurement of the land in question actually
belonging to the Petitioner.
(vi) for a direction to the State
Respondents to restrain the private respondents
in encroachment of the peaceful possession of
the house of the Petitioner constructed over the
land in question.
(vi) for any other Relief/Reliefs as this
Hon'ble Court deems fit and proper in the facts
and circumstances of the case.”
3. Learned State counsel at the outset, makes a
preliminary objection that the notice issued by the Circle
Officer, Rahika has been challenged in the present petition.
Instead, the petitioner should have approached the authority
with all the documents to support his case.
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4. Learned counsel for the petitioner submits that the
respondent no. 6 and 7 are his own brothers while respondent
no.8 has illegally purchased the land which belongs to him and
they are regularly creating troubles making the life of the
petitioner/family members miserable.
5. Learned State counsel submits that the appropriate
forum/court/Police Stations are there to redress grievance of the
petitioner.
6. This Court has taken note of the submissions put
forward by the parties and expect the petitioner to submit all the
documents before the concerned Circle Officer, Rahika,
Madhubani pursuant to the notice dated 28.01.2026 issued by
his/her office.
7. Needless to add, the Circle Officer, Rahika has to
act strictly in accordance with law after noticing/hearing all the
parties including the respondent no. 6 to 8.
8. So far as other grievances are concerned, this Court
is in agreement with the submissions put forward by the learned
State counsel that if the petitioner has any apprehension, he
should approach the concerned Police Station and if there is
apprehension of breach of peace, the concerned Sub-Divisional
Magistrate who are duty bound to look into the matter.
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9. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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