Patna High Court
Marni DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioner must approach the Circle Officer with a proper petition and therefore disposed of the writ petition.
Summary
Marni Devi claimed ownership of two land plots in Jainagar, Sitamarhi, based on a decree dated 15 March 2012 and alleged that she was forcefully dispossessed by private respondent Bhuvneshar Rai. She sought mandamus directing various government officials to demarcate the land, restore her possession and restrain the private respondent from obstructing the process. The High Court considered whether it could issue such mandamus orders and whether the petitioner needed to approach the appropriate revenue authority first. The Court held that the proper remedy was for the petitioner to file a regular petition before the Circle Officer, who would hear all parties and decide the matter in accordance with law. Accordingly, the writ petition was disposed, directing the petitioner to approach the concerned authority and obtain relief by the end of the year.
Issues considered
- Whether the High Court can issue a writ of mandamus directing demarcation of land and restoration of possession
- Whether the Court can restrain a private respondent from interfering with land demarcation
- Whether the petitioner must approach the Circle Officer with a proper petition for redress
Subjects
- land demarcation
- mandamus
- writ petition
- possession
- land reforms
- Bihar
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4375 of 2025
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Marni Devi W/o Late Ram Bahadur Mahto, Resident of Village and P.O.-
Jainagar, P.S.- Sonbarsa, District- Sitamahri, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Land Reforms and Revenue
Department, Govt. of Bihar.
2. The Deputy Collector, Land Reforms, Sitamarhi Sadar.
3. The Circle Officer, Sonbarsa, District- Sitamarhi.
4. Superintendent of Police (SP), Sitamarhi.
5. The Station-In-Charge, Sonbarsa, District- Sitamarhi.
6. Bhuvneshar Rai, S/O Modnaryan Rai, R/O Village and P.O.- Jainagar, P.S.-
Sonbarsa, District- Sitamarhi, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Adv.
For the Respondent/s : Mr. Government Pleader (5)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 05-05-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
(1) For issuance of appropriate
order/s, direction/s including a writ
preferably in the nature of MANDAMUS
directing the Respondent No.-3 to get the
land situated at Mauza- Jainagar, Revenue
Thana-Jainagar, Thana No.57, Khata No.-
376, Survey Plot No.-907, measuring land
area 11 decimal and Plot 908 measuring
decimal, demarcated with the help of Anchal
Amin Sonbarsa, Parihar and SHO Sonbarsa
Patna High Court CWJC No.4375 of 2025(3) dt.05-05-2026
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in light of the order passed by Respondent
No.-908 DCLR vide Annexure P/3 14 1½.
(II) This Hon'ble Court be further
pleased to direct the respondent authorities
preferably the respondent no.-3 & 5 to
immediately demarcate the land in question
in light of the order passed by Respondent
DCLR contained in Annexure-P/13 and
restore the possession of the personal
immovable property of the petitioner who
had been forcefully dispossessed by the
private respondent no.-6 despite the
petitioner having absolute title over the
property in question vide decree passed in T.
S. No. 83/10 dated 15.03.2012-from the
Court of Additional Judge (ADJ-1) Sitamarhi
in favour of the petitioner.
(III) For issuance of a writ, order
or direction in the nature of mandamus
directing the respondent no.-4 and 5 to
restrain private respondent no. 6 from
crating hurdle in the
measurement/demarcation of the land in
question as per the report of the anchal amin
(Annexure P/6)
(IV) For any other appropriate
relief/reliefs to which the petitioner is found
entitled in the facts and circumstances of this
case.
3. After some argument, learned counsel for the
Patna High Court CWJC No.4375 of 2025(3) dt.05-05-2026
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petitioner submits that he shall be approaching the respondent
no. 3, the Circle Officer, Sonbarsa, Sitamarhi along with proper
petition/ fee/ document for the redressal of the grievance.
4. Learned State Counsel submits that if such petition
is filed, it will be taken to its logical conclusion.
5. In that background, the writ petition is disposed of
allowing the petitioner to approach the concerned respondent
who shall be noticing/hearing all the parties and shall decide the
case of the petitioner in accordance with law preferably by the
end of the year.
(Rajiv Roy, J)
Vijay Singh/-
U
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