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Patna High Court

Raj Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                 ======================================================
                 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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