Patna High Court
Chirag Raj @ Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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