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Patna High Court

Madan Kumar MadhuversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the Circle Officer to act on the petitioner’s representation within four weeks and to complete the land demarcation within three months, limiting the relief to demarcation only.

Summary

The petitioner, Madan Kumar Madhu, purchased a 12‑decimal plot in Mohanpur, Samastipur and filed a representation on 31‑Dec‑2025 with the Circle Officer seeking demarcation and security for a boundary wall, alleging locals were obstructing possession by placing idols. He approached the Patna High Court for a writ directing the authorities to act on his application. The Court observed that the representation had remained pending for three months, causing undue delay. It limited the relief to ordering the Circle Officer to consider the representation within four weeks and to complete the demarcation within three months, stating that any other relief must be pursued before the appropriate authority. Consequently, the writ petition was disposed of, with the Court directing compliance by the administrative officer.

Issues considered

  • Whether the petitioner is entitled to a judicial direction for demarcation of his land and security for a boundary wall under the applicable land revenue statutes.
  • Whether the High Court can compel the Circle Officer to decide the pending representation within a specified time frame.

Subjects

  • land demarcation
  • boundary dispute
  • administrative delay
  • civil writ jurisdiction
  • Bihar revenue law
  • court direction to administrative authority

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3938 of 2026
                 ======================================================
                 Madan Kumar Madhu Son of Rampukar Rai, Resident of- Ward No.-02,
                 House No.-31, Mohanpur, P.O.- Mohanpur, P.S- Mohanpur, District-
                 Samastipur, Bihar- 848506.

                                                                       ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the Principal Secretary, Revenue and Land
                 Reforms Department, Government of Bihar, Patna.
           2.    The Principal Secretary, Revenue and Land Reforms Department,
                 Government of Bihar, Patna.
           3.    The District Magistrate-cum-Collector, Samastipur, District- Samastipur.
           4.    The Superintendent of Police, Samastipur, District- Samastipur.
           5.    The Additional Collector, Samastipur, District- Samastipur.
           6.    The Sub-Divisional Officer, Patori, District- Samastipur.
           7.    The Sub-Divisional Public Grievance Redressal Officer, Patori, District-
                 Samastipur.
           8.    The Circle Officer, Mohanpur Circle, District- Samastipur.
           9.    The Station House Officer, Mohanpur P.S., District- Samastipur.
           10. The Anchal Ameen, Circle Office Mohanpur Circle, P.S- Mohanpur,
               District- Samastipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Rajnish Prakash, Advocate
                                               Dr. Ranjeet Kumar, Advocate
                 For the Respondent/s   :      Mr. Kinkar Kumar, SC-9
                                               Mr. AC to SC-9
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   31-03-2026                   Heard the parties.

                                 2. The present petition has been preferred for the

                   following relief(s):

                                              “(i) For issuance of direction to the

                                    respondent authorities to consider petitioner's

                                    application dated 31.12.2025 and demarcate the
Patna High Court CWJC No.3938 of 2026(2) dt.31-03-2026
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                          land of the petitioner and also to provide security

                          for construction of boundary wall upon his land

                          appertaining to Khata No.-334 (old), Khata No.-

                          1227 (new), Plot No.-1099 (old), Plot No.-835

                          (new), area-12 decimal; boundary: North- NH-

                          128, South Plot No.-838 (New), East- Plot No.-853

                          (New), West Plot No.-838, 834, Arun Pandey and

                          Ahilya Devi situated at Village- Mohanpur, Circle-

                          Mohanpur, District-Samastipur, which he has

                          purchased from the rightful owner vide registered

                          sale deed dated 07.06.2024.

                                      (ii) For any other relief/s for which the

                          petitioner may be deemed entitled to.”

                      3. The petitioner has come before this Court with a

          simple prayer: to direct the Circle Officer, Mohanpur,

          Samastipur to dispose of the representation dated 31.12.2025.

                      4. The matter relates to a piece of land:

                                      “Khata No.-334 (old), Khata No.- 1227

                          (new), Plot No.-1099 (old), Plot No.-835 (new),

                          area-12 decimal; boundary: North- NH-128, South

                          Plot No.-838 (New), East- Plot No.-853 (New),

                          West Plot No.-838, 834, Arun Pandey and Ahilya
Patna High Court CWJC No.3938 of 2026(2) dt.31-03-2026
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                          Devi situated at Village- Mohanpur, Circle-

                          Mohanpur, District-Samastipur.”

                      5. The contention is that though the same has been

          purchased, the locals are disturbing the said possession by

          putting idols.

                      6. Learned State counsel submits that the name of the

          locals is/are known to the petitioner, but surprisingly, they have

          not been impleaded as party-respondents.

                      7. This Court has taken note of the submission of the

          parties and is of the view that when the petitioner has a

          grievance and has made prayer before the Circle Officer,

          Mohanpur, Samastipur on 31.12.2025 itself and we are in the

          third month of 2026 (31.03.2026), it is high time that he/she

          takes as decision.

                      8. This Court is limiting the prayer of the petitioner

          only with regard to demarcation of land and for any other relief,

          the petitioner will have to move before an appropriate

          competent authority.

                      9. Learned counsel for the petitioner submits that if

          needed, a fresh petition shall be filed alongwith requisite fee.

                      10. This Court expects the Circle Officer, Mohanpur,

          Samastipur that on receipt of the fresh representation in next
          Patna High Court CWJC No.3938 of 2026(2) dt.31-03-2026
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                    four weeks, he/she shall be taking up the matter and shall ensure

                    that the demarcation petition is taken to its logical conclusion

                    preferably within a period of three months.

                                11. With the aforesaid observation, the writ petition

                    stands disposed of.



                                                  (Rajiv Roy, J)
Adnan/-

U


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