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Patna High Court

Md. Shabbir AhmadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition was disposed of, directing the petitioners to approach the Circle Officer, Baisi, for resolution rather than granting a stay or quash of the order.

Summary

The petitioners, four residents of Vishahari village, filed a writ petition against the State of Bihar and several revenue officials seeking to quash a notice dated 19‑12‑2025 issued by the Anchaladhikari for the measurement of one acre of land in plot No. 332. They also asked the court to direct the respondents to comply with an earlier order dated 2‑7‑2007 that required disposal of case No.1 of 1996‑97 within four months. The State counsel argued that the matter should be dealt with by the Circle Officer, Baisi, who can consider the petitioners' documents and decide after hearing all parties. The court agreed with the State’s submission, noting that the appropriate forum for resolution is the revenue authority and that the petitioners may file a reply within four weeks. Consequently, the writ petition was disposed of, directing the petitioners to approach the Circle Officer for a decision within six months. Any further development will be subject to the final outcome of the writ petition.

Issues considered

  • Whether the order dated 19‑12‑2025 issued by the Anchaladhikari for land measurement can be quashed or stayed.
  • Whether the respondents can be directed to dispose of case No.1 of 1996‑97 as mandated by the order dated 2‑7‑2007.

Subjects

  • land measurement
  • revenue law
  • writ petition
  • stay order
  • administrative law
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.3579 of 2026
                 ======================================================
           1.     Md. Shabbir Ahmad Son of Late Mojibur Rahman, Resident of Village-
                  Vishahari, P.S.-Baisi, District- Purnea.
           2.    Jawed Ahmed, son of Late Mojibur Rahman, Resident of Village-Vishahari,
                 P.S.-Baisi, District- Purnea.
           3.    Md. Abuziyaf, so of Late Iftekhar Ahmad, Resident of Village-Vishahari,
                 P.S.-Baisi, District- Purnea.
           4.    Iffat Ara, daughter of Late Iftekhar Ahmad, Resident of Village-Vishahari,
                 P.S.-Baisi, District- Purnea.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of Revenue
                 and Land Reforms, Government of Bihar, Patna.
           2.    The District Magistrate, District-Purnea.
           3.    The Additional Collector, Purnea.
           4.    The D.C.L.R. Baisi, Purnea.
           5.    The Anchal Adhikari, Baisi, District-Purnea.
           6.    Jhari Lal Rai, S/o Bisun Lal Rai, Resident of Village-Kakaharua, P.S.-Baisi,
                 District- Purnea.
           7.    Pama Lal Rai, S/o Bisun Lal Rai, Resident of Village-Kakaharua, P.S.-Baisi,
                 District- Purnea.
           8.    Najay Kumar, S/o Late Gujan Lal Ray, Resident of Village-Chantola, P.S.-
                 Baisi, District- Purnea.
           9.    Pintu Kumar, S/o Late Gujan Lal Ray, Resident of Village-Chantola, P.S.-
                 Baisi, District- Purnea.
           10. Sanjay Kumar, s/o Late Gujan Lal Ray, Resident of Village-Chantola, P.S.-
               Baisi, District- Purnea.
           11. Shanti Kumari, D/o Late Gujan Lal Ray, Resident of Village-Chantola, P.S.-
               Baisi, District- Purnea.
           12. Devki Kumari, D/o Late Gujan Lal Ray, Resident of Village-Chantola, P.S.-
               Baisi, District- Purnea.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Firoz Raza, Sr. Advocate
                                               Mr. Nadimul Hasan, Advocate
                 For the Respondent/s   :      Mr. Uday Bhan Singh, AC to GP-19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   17-03-2026                   Heard Mr. Firoz Raza, learned Sr. Advocate for the
Patna High Court CWJC No.3579 of 2026(2) dt.17-03-2026
                                            2/3




          petitioners and the State.

                      2. The present petition has been preferred for the

          following relief(s):

                                      “(i) To quash & stay dated 19.12.2025

                          issued over the signature of the Respondent

                          Anchaladhikari for measurement of one acre land

                          out of plot No. 332 Khata No. 307 as per boundary

                          mentioned therein.

                                      (ii) To direct the respondents to dispose

                          of case no.1 of 1996-97 as directed by order dated

                          2.7.2007 in CWJC No.13912/2006 passed by

                          Hon'ble Mr. Justice Ramesh Kumar Dutta, and

                          initiated     a    proceeding   against   the   Resp.

                          Anchaladhikari for not disposing of case no.1 of

                          1996-97 within stipulated period of four months of

                          the order dated 2.7.2007.”

                      3. The case of the petitioners is that one round of

          litigation has already been completed but once again, the Circle

          Officer, Baisi, Purnea has issued the letter in question dated

          19.12.2025.

                      4. Learned State counsel submits that the entire facts

          can be incorporated in the reply to be presented before the
          Patna High Court CWJC No.3579 of 2026(2) dt.17-03-2026
                                                      3/3




                    respondent no. 5, Circle Officer, Baisi, Purnea who shall be

                    taking a decision.

                                5. This Court is in conformity with the submission put

                    forward by the learned State counsel. A simple notice has been

                    issued, if the petitioner is able to convince the concerned

                    Revenue Authority with all the relevant documents under their

                    belt, naturally, the concerned respondent has to take the matter

                    to its logical conclusion after hearing all the necessary parties

                    including the respondent nos. 6 to 12 who have been impleaded

                    in the writ petition.

                                6. In that background, the writ petition stands

                    disposed of allowing the petitioners to approach the respondent

                    no. 5, Circle Officer, Baisi, Purnea by filing reply, if it has not

                    been filed, in next four weeks who shall be noticing and

                    deciding the matter preferably within six months.

                                7. Any development that will take place shall be

                    subject to the final outcome of the writ petition.



                                                  (Rajiv Roy, J)
Adnan/-

U


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