Patna High Court
Vidiya Sagar @ VidyasagarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that a writ of mandamus is appropriate to compel the Circle Officer to comply with the valid order of the Land Reform Deputy Collector.
Summary
The petitioner, Vidya Sagar, filed a writ petition seeking a mandamus directing the Circle Officer, Areraj, to implement an order dated 17-02-2022 of the Land Reform Deputy Collector ordering demarcation and possession of 5.53 decimal of land. The order had directed the Circle Officer to measure and grant possession, but for three years the officer failed to act. The State counsel indicated that the matter would be addressed if not already disposed of. The Court observed that the Deputy Collector's order remains valid and has not been set aside, and the Circle Officer is duty bound to comply. Consequently, the Court directed the Circle Officer to fix a date and complete the demarcation and possession within two months of receiving the petition and the order copy.
Issues considered
- What is the appropriate remedy when a subordinate administrative officer fails to implement a valid order of a higher authority?
- Whether a writ of mandamus can be issued to compel the Circle Officer to execute the demarcation and possession order.
Subjects
- land reform
- mandamus
- demarcation
- possession
- administrative law
- non‑compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5171 of 2026
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Vidiya Sagar @ Vidyasagar Son of Late Pramanand Mishra, Resident of
village- Pipra, Ward No.- 2, 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. Videshi Sahani, Son of Late Narsing Sahani Resident of village- Jitwarpur
Nayka Tola, Police Station- Govindganj , District- East Champaran.
7. Chandrika Sahani, Son of Late Shivbachhan Sahani Resident of village-
Jitwarpur Nayka Tola, Police Station- Govindganj , District- East
Champaran.
8. Brijkishor Thakur, Son of Late Jamarnath Thakur Resident of village-
Jitwarpur Nayka Tola, Police Station- Govindganj , District- East
Champaran.
9. Hira Lal Sah, Son of Rajendra Sah Resident of village- Jitwarpur Nayka
Tola, Police Station- Govindganj , District- East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms.Kumari Akanksha Rai Advocate
For the Respondent/s : Mr.Ramadhar Singh, G.P. (25)
======================================================
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.5 to
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execute /implement the order dated
17.02.2022 passed by Respondent No.3, the
court of Land Reform Deputy Collector
Areraj East Champaran in case No. Land
Dispute redressal case No.16/2021-22,
where by the land measuring 5.53 decimal
situated at khata No.89, khesara No.668
Area- 5.53 decimal 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 land to
the petitioner 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)
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5. The Deputy Collector, Land Reforms, Areraj
directed the Circle Officer, Areraj to take appropriate steps for
measurement as also possession of the petitioner.
6. The case of the petitioner is that the Circle
Officer, Areraj, East Champaran (respondent no.5) has filed 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
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parties, fixed the date and accordingly do the needful strictly as
per the direction given by the D.C.L.R., Areraj, East Champaran
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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