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Patna High Court

Chirag Raj @ Shivam KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Sub‑Divisional Officer must act on the petitioner’s representation in accordance with the Collector’s order, failing which he will be liable for contempt.

Summary

The petitioner, Chirag Raj, filed a writ petition seeking a mandamus directing the Sub‑Divisional Officer (SDO) and Circle Officer of Begusarai to implement a Collector's order dated 13 July 2024 that required appointment of an Executive Magistrate, deployment of police, and demarcation of his land with boundary pillars. He also requested that the SDO consider his representations dated 2 February 2026 and 5 February 2026 within three weeks. The State counsel argued that the Collector’s order, unless annulled, must be carried out by subordinate officials. The Court held that the SDO must act on the petitioner’s representation in accordance with the Collector’s valid order and warned that non‑compliance would attract contempt. Consequently, the petition was disposed with the direction to the SDO to comply.

Issues considered

  • Whether the Sub‑Divisional Officer is legally bound to enforce the Collector’s order for land demarcation and related actions.
  • Whether the petitioner is entitled to a mandamus directing the SDO to consider his representations within a stipulated time.

Subjects

  • land demarcation
  • mandamus
  • executive magistrate
  • contempt of court
  • administrative law
  • land reform
  • boundary pillars

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.3739 of 2026
                 ======================================================
                 Chirag Raj @ Shivam Kumar Son of Ram Sagar Paswan, Resident of Ward
                 No. 35, Pokhariyam Begusarai, Police Station- Begusarai Town, District -
                 Begusarai.

                                                                       ... ... Petitioner/s
                                               Versus
           1.    The State of Bihar through Additional Chief Secretary, Department of
                 Revenue and land reforms, Old Secretariat, Police Station- Secretariat,
                 District - Patna.
           2.    The District Magistrate - cum- Collector, Begusarai, Police Station-
                 Begusarai Town, District- Begusarai,
           3.    The Sub Divisional Officer, Begusarai, Police Station - Begusarai Town,
                 District - Begusarai.
           4.    The Circle Officer, Begusarai, Police Station- Begusarai Town, District -
                 Begusarai.
           5.    The Superintendent of Police Begusarai, Police Station - Begusarai Town,
                 District - Begusarai.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Sanjeev Ranjan, Advocate
                 For the Respondent/s   :        Mr.Standing Counsel -22
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   24-03-2026                   Heard Mr. Sanjeev Ranjan, learned counsel for the

                   petitioner and the State.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for issuance of a writ, order or direction

                                            in the nature of mandamus commanding the

                                            respondents no 3 and 4 to enforce and

                                            implement the order dated 13.07.2024, as

                                            contained in Letter No. 2522 issued under

                                            the signature of the Collector, Begusarai, by
Patna High Court CWJC No.3739 of 2026(2) dt.24-03-2026
                                            2/3




                                   appointing        an     Executive         Magistrate,

                                   deputing adequate police force, and in their

                                   presence demarcating the boundary of the

                                   petitioner's land by erecting boundary

                                   pillars, so that the land of the petitioner is

                                   clearly identifiable and the petitioner may

                                   construct and maintain a boundary wall

                                   thereon;

                                   (ii) for issuance of a writ, order or direction

                                   in the nature of mandamus commanding the

                                   respondents to consider 02-2-2026 and

                                   decide the representations dated-03-02-2026

                                   and Aus: 104946 05.02.2026 filed by the

                                   petitioner before Respondent Nos. 3 and 4,

                                   expeditiously and preferably within a period

                                   of    three     weeks     from   the         date   of

                                   receipt/production of a copy of this order.

                       3. Vide letter no. 252 dated 13.07.2024, the Collector,

          Begusarai directed the Sub-Divisional Officer, Begusarai to take

          appropriate action relating to the land in question (Annexure-5

          to the petition) as under:

           Fkkuk   ekStk   rkSth   [kkrk [ksljk    jdok             pkSsgíh
            ua0                                   fM0 esa
         Patna High Court CWJC No.3739 of 2026(2) dt.24-03-2026
                                                     3/3




                   347     pdulhj 2246 58        1] 5] 9 4-4      mRRkj&jkLrk o Hkxorh LFkku
                                                                  nf{k.k&jkLrk PCC jksM
                                                                  iwjc&jkLrk PCC, xuMksjh ikloku
                                                                  if”pe&dqanu ikloku o vehj
                                                                  ikloku o x.ks”k ikloku
                                  4. The representation dated 05.02.2026 shows that the

                   petitioner approached the Sub-Divisional Officer, Sadar,

                   Begusarai but as there was no response, the writ petition

                   (Annexure-P/7 to the petition).

                                  5. On query, learned State counsel submits that the

                   order     of     the   Collector,       Begusarai      if   not    otherwise

                   annulled/recalled/interfered with, has to be taken to its logical

                   conclusion by the Sub-ordinate Officer.

                                  6. In that background, the writ petition is disposed of

                   directing the Sub-Divisional Officer, Sadar, Begusarai to act on

                   the representation preferred by the petitioner and in accordance

                   with direction given by the Collector, Begusarai vide letter no.

                   252 dated 13.07.2024, if the same is still valid.

                                  7. Failure to do so, he/she will be attracting the

                   contempt.

                                  8. With the aforesaid observation, the writ petition is

                   disposed.

                                                 (Rajiv Roy, J)
Ravi/-

U


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