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Patna High Court

Marni DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                 ======================================================
                 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
                                                       3/3




                     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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