Patna High Court
Shambhu HajariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court directed the Circle Officer to measure and demarcate the Raiyati land, issue notices to all parties, fix a date, and complete the task within three months.
Summary
The petitioner, Shambhu Hajari, filed a writ petition seeking a mandamus directing the Circle Officer of Triveniganj to measure and demarcate his Raiyati land, for which the required cost had already been deposited. The petition also named the State of Bihar and several land officials as respondents. The State counsel argued that the matter should proceed now that the cost was deposited. The Court examined whether the Circle Officer was obligated to act on the deposited cost and to carry out the measurement and demarcation. It held that the Circle Officer must issue notices to all parties, fix a date, and complete the measurement and demarcation within three months. Accordingly, the writ petition was disposed with an order directing the respondent to take the necessary steps.
Issues considered
- Whether the Circle Officer is duty-bound to measure and demarcate the petitioner's Raiyati land upon deposit of the prescribed cost.
- Whether a writ of mandamus can be issued directing the Circle Officer to carry out the measurement and demarcation within a specified time.
Subjects
- writ jurisdiction
- mandamus
- land demarcation
- Raiyati land
- cost deposit
- civil writ
- land reforms
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3564 of 2026
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Shambhu Hajari son of Shri Tanuk Lal Hajari, resident of Ward No.05,
Babhangama, P.S.-Triveniganj, District- Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Revenue and Land Reforms, Department, Government of Bihar, Patna.
2. The Commissioner, Koshi Division, Saharsa.
3. The District Magistrate-cum-Collector, Supaul.
4. The Deputy Collector, Land Reforms (D.C.L.R.), Triveniganj, District-
Supaul.
5. The Circle Officer, Triveniganj, District- Supaul.
6. Vikram Hajari, son of Late Prahlad Hajari, resident of Ward No.05,
Babhangama, P.S.-Triveniganj, District- Supaul.
7. Ranjeet Yadav, son of Late Kusum Lal Yadav, resident of Ward No.05,
Babhangama, P.S.-Triveniganj, District- Supaul.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrit Abhijat, Advocate
For the Respondent/s : Mr. Government Pleader (26)
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 17-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“A) To issue a writ in nature of
Mandamus commanding and directing the
Respondent No. 5, the Circle Officer, Triveniganj,
District-Supaul, to measure and demarcate the
Raiyati land of the petitioner for which cost has
already been deposited vide Temp No.
Patna High Court CWJC No.3564 of 2026(2) dt.17-03-2026
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060082600152
B) Any other relief/reliefs for which the
petitioner is found entitled to, in the facts and
circumstances of the instant writ application.”
3. The petitioner has moved before this Court with a
simple prayer to direct the respondent no. 5, the Circle Officer,
Triveniganj, Supaul to take appropriate steps for measurement
and demarcation of the land of the petitioner vis a vis
respondent nos. 6 and 7 for which, according to the petitioner,
cost has also been deposited.
4. Learned State counsel submits that the matter will
be taken to its logical conclusion now that the cost has been
deposited.
5. In that background, the writ petition stands
disposed of directing the concerned respondent no. 5, the Circle
Officer, Triveniganj, Supaul to take up the matter, issue notice to
all the parties, fix date and accordingly, do the needful at an
earliest preferably within a period of three months.
(Rajiv Roy, J)
Adnan/-
U
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