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Patna High Court

Vidiya Sagar @ VidyasagarversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                 ======================================================
                 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
Patna High Court CWJC No.5171 of 2026(2) dt.21-04-2026
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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)
Patna High Court CWJC No.5171 of 2026(2) dt.21-04-2026
                                            3/4




                         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
         Patna High Court CWJC No.5171 of 2026(2) dt.21-04-2026
                                                     4/4




                   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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