Patna High Court
Ashok Kumar JaiswalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- KHATIM REZA
Holding
The Court held that the Circle Officer must positively dispose of the petitioner's application for land demarcation within three months, thereby enforcing the 2013 order.
Summary
The petitioner, Ashok Kumar Jaiswal, filed a writ petition seeking enforcement of a 21 May 2013 order of the Land Reform Deputy Collector directing demarcation of his land (Khata no.197, Kheshra no.1195). Despite repeated applications and reminders to the Circle Officer, Rupauli, no action was taken, and the private respondents continued to occupy the land. The petitioner also approached the District Public Grievance Cell, which issued letters directing the Circle Officer to act, but compliance remained absent. The Court observed that the matter has been pending since 2013 and ordered the Circle Officer to dispose of the petitioner's application positively within three months of receipt of the order. It warned that non‑compliance by the Circle Officer would be taken seriously and disposed of the writ application with the said direction.
Issues considered
- Whether the Circle Officer, Rupauli, is bound to implement the 2013 land demarcation order under the land reform provisions
- Whether the court can direct administrative officials to act within a specified time to enforce a prior order
Subjects
- land demarcation
- land reform
- civil writ jurisdiction
- implementation of order
- administrative non‑compliance
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5245 of 2026
======================================================
Ashok Kumar Jaiswal, son of Late Etvari Jaiswal, Resident of village Birauli
Bazar, P.S.-Rupauli, District-Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Land Reform
Revenue Department, Govt. of Bihar, Patna
2. District Magistrate, Purnea
3. Land Reforms Deputy Collector, Dhamdaha
4. Superintendent of police, Purnea
5. Deputy Superintendent of police, Purnea
6. Officer in Charge, Rupauli, District Purnea.
7. Circle officer, Rupauli, Purnea
8. Anchal Amin Rupauli, Purnea
9. Bajrangi Yadav son of Late Bhudev Yadav resident of village Ajho Kopa
Tintenga More, P.S.Rupauli, District Purnea
10. Khuso Yadav son of Late Bhudev Yadav resident of village Ajho Kopa
Tintenga More, P.S.Rupauli, District Purnea
11. Harangi Yadav Late Bhudev Yadav resident of village Ajho Kopa Tintenga
More, P.S.Rupauli, District Purnea
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Adv.
For the Respondent/s : Mr. Standing Counsel (07)
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 21-04-2026 Heard learned counsel for the parties.
2. This writ application has been filed for the
following reliefs:-
(i). For giving a direction to implement
the order dated 21.05.2013 passed by the learned
Land Reform Deputy Collector (Respondent no.3),
Dhamdaha, Purnea in Case no. 41 of 2012-13.
Patna High Court CWJC No.5245 of 2026(2) dt.21-04-2026
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(ii). For giving a direction to the
respondent no. 7 to make measurement of the land
as per the order dated 21.05.2013 passed in Case
no. 41 of 2012-13 and make demarcation of the
land appertaining to Khata no.197, Kheshra
no.1195 Area 0.31 decimals, whereby and where
under the private respondent nos. 9 to 11 have
illegally been occupying the land of the petitioner.
(iii). For giving a direction to restore the
possession of the petitioner over the land in
question occupied by the private respondent after
making measurement.
(iv). For giving a direction to take proper
action against the private respondent nos. 9 to 11
to not create made hindrance in demarcation of the
land of the petitioner as making full cooperation to
settled the disputed land.
(v). For giving a direction to respondent
Circle officer to take all step in compliance of the
order dated 21.05.2013 in Case No. 41 of 2012-13
by taking help of the police protection force.
3. Learned counsel for the petitioner submits that in
view of order dated 21.05.2013 passed in Case No. 41 of 2012-
13 by the learned D.C.L.R., Dhamdaha, Purnea, the Circle
Officer, Rupauli has not passed any order despite the petitioner
approached the concerned Circle Officer time and again. Lastly,
the petitioner filed an application to learned D.C.L.R.,
Dhamdaha on 03.06.2019 with regard to compliance of order
Patna High Court CWJC No.5245 of 2026(2) dt.21-04-2026
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dated 21.05.2013 passed in Case No. 41 of 2012-13, who in
turn, requested the Circle Officer to take necessary action and
submit a report. However, the petitioner also filed application
before the District Public Grievance Cell. Thereafter, the In-
charge Officer District Confidential Branch, Purnea issued order
contained in Letter No. 3484 dated 02.08.2019 and directed the
Circle Officer to take necessary action in view of order dated
21.05.2013 passed in Case No. 41 of 2012-13 and submit a
report to the District Magistrate, Purnea. Again thereafter, under
Letter No. 4370 dated 28.09.2019, a reminder was sent to the
Circle Officer, Rupauli with regard to the land demarcation case
of the petitioner.
4. It is further submitted that when no action was
taken by the Circle Officer, Rupauli, then the petitioner again
filed an application before the Circle Officer, Rupauli on
14.12.2020 with regard to demarcation of the land of the
petitioner. Pursuant to application dated 14.12.2020, the notices
were issued to the Private Respondent Nos. 9 to 11 but they did
not appear before the concerned Circle Officer.
5. Learned counsel for the petitioner further submits
that a direction may be given to Circle Officer, Rupauli to
dispose of the application dated 14.12.2020 filed in the light of
Patna High Court CWJC No.5245 of 2026(2) dt.21-04-2026
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order dated 21.05.2013 in Case No. 41 of 2012-13.
6. Considering the aforesaid facts and submissions
made by the learned counsel for the petitioner, since the matter
is pending from 2013 and no discernible action has been taken
by the Circle Officer, Rupauli, Purnea and therefore, the Circle
Officer, Rupauli, Purnea is directed to dispose of the application
of the petitioner positively within three months from the date of
receipt/production of the copy of this order.
7. It goes without saying that non-compliance on the
part of the respondent no. 7 shall be viewed seriously.
8. Accordingly, the writ application is disposed of
with the aforesaid direction.
(Khatim Reza, J)
prabhat/-
U
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