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Patna High Court

Paritosh Kumar Tiwari @ Paritosh Kumar TiwaryversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court issued a writ of mandamus directing the Circle Officer, Areraj, to comply with the Deputy Collector’s order within two months.

Summary

Petitioner Paritosh Kumar Tiwari filed a writ petition seeking a mandamus directing the Circle Officer, Areraj, to implement an order dated 07 July 2022 issued by the Deputy Collector, Land Reforms, which directed measurement, demarcation and possession of a 2‑dhoor sand land. The order had not been acted upon for three years, and the petitioner alleged that the Circle Officer failed to comply despite the superior authority’s direction. The State counsel indicated that the matter would be addressed if it remained pending. The Court examined whether the failure to execute the order warranted a writ of mandamus and found that the order remained in force and unannulled. Consequently, the Court disposed of the petition by directing the Circle Officer to act on the order within two months of receipt, ensuring all parties are notified and the demarcation is completed.

Issues considered

  • What is the appropriate remedy when a subordinate administrative officer fails to implement a duly issued order for land demarcation and possession?
  • Whether a writ of mandamus can be issued to compel the Circle Officer to comply with the Deputy Collector’s order.

Subjects

  • land dispute
  • mandamus
  • demarcation
  • possession
  • administrative law
  • land reform
  • circle officer

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5128 of 2026
                 ======================================================
                 Paritosh Kumar Tiwari @ Paritosh Kumar Tiwary Son of Late Nawal Kishore
                 Tiwari, Resident of Village-Pipra Yogiya Tola, Police Station-Govindganj,
                 District-East Champaran.

                                                                             ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Land and Revenue
                 Department Government of Bihar.
           2.    The Commissioner, Tirhut Division, Muzaffarpur.
           3.    The Land Reform Deputy Collector, Motihari, East Champaran.
           4.    The Sub Divisional Officer, Motihari, East Champaran.
           5.    The Circle Officer, Block Areraj, Motihari, East Champaran.
           6.    Most. Mainawati Kuer, Wife of Late Devendra Pandey, Resident of Village-
                 Pipra Yogiya Tola, Police Station-Govindganj, District-East Champaran.
           7.    Ratanakar Pandey, Son of Late Devendra Pandey, Resident of Village-Pipra
                 Yogiya Tola, Police Station-Govindganj, District-East Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Ms.Kumari Akanksha Rai, Advocate
                 For the Respondent/s   :        Mr.Government Pleader (24)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   21-04-2026                 Heard Ms.Kumari Akanksha Rai, learned counsel for

                   the petitioner and the State.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for issuance of writ in nature of

                                            mandamus directing the respondent No.3 to

                                            execute   implement       the    order      dated

                                            07.07.2022 passed by Respondent No.3, the
Patna High Court CWJC No.5128 of 2026(2) dt.21-04-2026
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                                  court of Land Reform Deputy Collector

                                  Arera,j East Champaran in case No. Land

                                  Dispute      redressal     case     No.41/2022-23,

                                  whereby the land measuring 2 dhoor

                                  situated at khata No.479, khesara No.2377

                                  Area     2dhoor        shall   be    marked   and

                                  demarcation should be conducted;

                                  (ii) to direct the respondent No.5 to

                                  determines the boundaries of the land in

                                  question and grant possession of the sand

                                  land to him as stated by the order of the

                                  L.R.D.C. the respondent No.3;

                                  (iii) to grant any other relief reliefs for which

                                  the petitioner should be found entitled in the

                                  facts and circumstances of this case.

                         3. The matter relates to a land has already been

          recorded in paragraph-1 and need no repetition.

                         4. On 07.07.2022, the case of Land Dispute

          Redressal Case No. 41/2022-23 (Paritosh Kumar Tiwary vs.

          Ratnakar Pandey)

                         5. The Deputy Collector, Land Reforms, Areraj

          directed the Circle Officer, Areraj to take appropriate steps for
Patna High Court CWJC No.5128 of 2026(2) dt.21-04-2026
                                            3/4




          measurement as also possession of the petitioner.

                         6. The case of the petitioner is that the Circle

          Officer, Areraj, East Champaran (respondent no.5) failed to act

          in the matter.

                         7. Learned State Counsel submits that if the same

          has not been disposed of, it will be taken care of immediately.

                         8. Having heard the parties, this Court is of the

          opinion that an order has been passed by the D.C.L.R., Areraj,

          East Champaran, the case of the petitioner is that the same still

          holds ground inasmuch as it has not been annulled and/or set

          aside.

                         9. In that background, it is surprising that for three

          years, the Circle Officer, Areraj, East Champaran has failed to

          act in the matter. He is duty bound to take note of the direction

          issued by the superior authority and act accordingly so that the

          matter is taken to its logical conclusion.

                         10. In that background, the writ petition is disposed

          of directing the concerned respondent, the Circle Officer, Areraj,

          East Champaran to look into the matter and notice all the

          parties, fixed the date and accordingly do the needful strictly as

          per the direction given by the D.C.L.R., Areraj, East Champaran
         Patna High Court CWJC No.5128 of 2026(2) dt.21-04-2026
                                                     4/4




                   preferably within a period of two months from the date the

                   petition alongwith the copy of the order is received to his/her

                   office.



                                                 (Rajiv Roy, J)
Ravi/-

U


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