Patna High Court
Md. Shabbir AhmadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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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