Patna High Court
Raj Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed as the relief sought is within the jurisdiction of the Sub‑Divisional Magistrate, not the High Court.
Summary
Petitioner Raj Kumar Chaudhary filed a writ petition seeking a court order directing the State to provide machinery for measuring and demarcating his land and to safeguard construction of a boundary. The petitioner claimed that despite a favorable title suit judgment in 2004, disturbances continued. The State argued that the grievance should be raised before the Sub‑Divisional Magistrate (SDM) rather than through a writ petition. The Court examined whether the writ jurisdiction was appropriate for the relief sought. It held that the matter is within the jurisdiction of the SDM and not a writ matter, and therefore dismissed the petition, directing the petitioner to approach the SDM within two weeks. The petition was consequently disposed.
Issues considered
- Whether the petitioner can obtain a writ of mandamus directing the State to provide measurement machinery and safeguard boundary construction.
- Whether the grievance is maintainable before a civil court under writ jurisdiction or should be pursued before the Sub‑Divisional Magistrate.
Subjects
- writ jurisdiction
- land demarcation
- property dispute
- sub‑divisional magistrate
- civil writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4644 of 2026
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Raj Kumar Chaudhary S/o- Sri Laljee Chaudhary, R/o- Village- Daulatpur
Dewariya, P.S.- Hajipur Sadar, District- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through District Magistrate, Vaishali at Hajipur.
2. District Magistrate, Vaishali at Hajipur.
3. Additional Collector, In-charge Law and Order, Vaishali.
4. Superintendent of Police, Hajipur.
5. D.C.L.R., Vaishali at Hajipur.
6. Officer-in-charge, Hajipur Sadar, District- Vaishali.
7. Nand Kishor Thakur, S/o- Late Laxman Thakur Resident of Village-
Daulatpur Dewariya, P.O.- Sobhai, P.S.- Hajipur Sadar, District- Vaishali.
8. Sukhdeo Thakur @ Dhanki Thakur, S/o- Late Laxman Thakur Resident of
Village- Daulatpur Dewariya, P.O.- Sobhai, P.S.- Hajipur Sadar, District-
Vaishali.
9. Shatrughan Thakur, S/o- Late Paltu Thakur Resident of Village- Daulatpur
Dewariya, P.O.- Sobhai, P.S.- Hajipur Sadar, District- Vaishali.
10. Virendra Thakur, S/o- Late Jugeshwar Thakur Resident of Village-
Daulatpur Dewariya, P.O.- Sobhai, P.S.- Hajipur Sadar, District- Vaishali.
11. Most. Kaushalya Devi, W/o- Late Jugeshwar Thakur Resident of Village-
Daulatpur Dewariya, P.O.- Sobhai, P.S.- Hajipur Sadar, District- Vaishali.
12. Most. Rajni Devi, W/o- Late Ramji Thakur Resident of Village- Daulatpur
Dewariya, P.O.- Sobhai, P.S.- Hajipur Sadar, District- Vaishali.
13. Laldev Thakur, S/o- Late Ramji Thakur Resident of Village- Daulatpur
Dewariya, P.O.- Sobhai, P.S.- Hajipur Sadar, District- Vaishali.
14. Sub Divisional Magistrate, Hajipur, Vaishali
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivnandan Prasad, Sr. Advocate
Mr. Mukund Kumar, Advocate
For the Respondent/s : Mr. Addl. Advocate General (04)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 18-04-2026 Learned Senior counsel for the petitioner prays for
and is allowed to implead the Sub Divisional Magistrate,
Hajipur, Vaishali are party-respondent in the case in course of
Patna High Court CWJC No.4644 of 2026(2) dt.18-04-2026
2/3
the day.
2. Heard Mr. Shivnandan Prasad, learned Senior
counsel for the petitioner and the State.
3. The present petition has been preferred for the
following relief(s):
“for issuance of proper writ, order or
direction to the respondent 1 set to provide
appropriate machinery for measurement and
demarcation of the properties of the petitioner as
described in paragraph no.3 of this application
and may be pleased to direct the respondent 1™
set to safeguard the petitioner in construction of a
pucca boundary around the land of the petitioner
described in paragraph no.3 of this application.”
4. The matter relates with regard to the following
land:
“R.S. Khata No. 236, R.S. Plot No. 726, 727,
728, Area 1 Khatha 19.5 dhur.”
5. Learned Senior counsel for the petitioner submits
that though the Title Suit No. 131 of 1993 was decided in his
favour vide order dated 10th of August, 2004 and no appeal was
filed thereafter, the disturbance continued.
Patna High Court CWJC No.4644 of 2026(2) dt.18-04-2026
3/3
6. At the outset, learned State counsel submits that the
grievance that the petitioner is having can very well be agitated
before the Sub Divisional Magistrate, Hajipur, Vaishali and not
in a writ petition.
7. In the aforesaid background, the writ petition stands
disposed of allowing the petitioner to approach the Sub
Divisional Magistrate, Sadar, Hajipur (respondent no. 14) in
next two weeks who shall be taking up the matter, issuing notice
to all the relevant parties and it is expected that the matter will
be taken to its logical conclusion at an earliest.
8. With the aforesaid observation, the writ petition
stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
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