Patna High Court
Awadhesh Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- KHATIM REZA
Holding
The D.C.L.R., Naugachia is directed to execute the order dated 06‑12‑2022 within three months.
Summary
Awadhesh Kumar Mishra filed a writ petition seeking a direction to the District Collector‑Land Reforms (D.C.L.R.) of Naugachia to execute an order dated 06‑12‑2022 that directed respondent Birendra Sah to remove encroachment on land. The order had been affirmed by the Divisional Commissioner, Bhagalpur, in B.L.D.R. Appeal No. 15 of 2023‑24. Despite the affirmation, the D.C.L.R. had taken no steps to enforce the order. The petitioner relied on Section 30 of the Bihar Land Disputes Resolution Rules, 2010, which obliges the D.C.L.R. to execute his own orders. The High Court held that the D.C.L.R. must execute the order within three months of receiving the judgment and disposed of the writ application with that direction.
Issues considered
- Whether the District Collector‑Land Reforms is bound to execute his own order under Section 30 of the Bihar Land Disputes Resolution Rules, 2010.
- Whether a writ petition for execution of a land‑dispute order is maintainable.
Subjects
- execution of order
- land encroachment
- Bihar Land Disputes Resolution Rules
- Section 30
- civil writ jurisdiction
- district collector land reforms
- appellate affirmation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5327 of 2026
======================================================
Awadhesh Kumar Mishra, S/o Late Mohan Mishra, Resident of village-
Rangra, P.S.- Rangra Chowk, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary Department of Land Reforms and Revenue
Govt. of Bihar, Patna.
3. The Divisional Commissioner, Bhagalpur Division Bhagalpur, Bihar.
4. The District Magistrate-cum-District Collector Bhagalpur, District-
Bhagalpur, Bihar.
5. The Sub-Divisional Officer-cum-Sub Divisional Magistrate, Naugachia,
District- Bhagalpur, Bihar.
6. The Deputy Collector Land Reforms and Revenue Naugachia, District-
Bhagalpur.
7. The Circle Officer Anchal Rangra Chowk, Naugachia, Bhagalpur, Bihar.
8. Birendra Sah, S/o Late Deosharan Sah, aged about .... years, R/o At Chapar,
P.S. - Rangra Chowk, District- Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Thakur, Adv.
For the Respondent/s : Mr. Nawal Kishore Singh, AC to GP-26
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 23-04-2026 Heard learned counsel for the parties.
2. This writ application has been filed for direction to
the learned D.C.L.R., Naugachia to execution the order dated
06.12.2022 passed in Appeal Case No. 14 of 2022-23 (B.L.D.R.
Case No. 14 of 2022-23 which has been wrongly typed as
Appeal Case No. 14 of 2022-23).
3. It is submitted by the learned counsel for the
petitioner, that after hearing the parties, the learned D.C.L.R.,
Patna High Court CWJC No.5327 of 2026(2) dt.23-04-2026
2/3
Naugachia allowed the application of the petitioner on
06.12.2022 and directed respondent no. 8 to remove the
encroachment from the land in question.
4. Being aggrieved by the said order, respondent no.
8, namely, Birendra Sah filed an appeal before the Divisional
Commissioner, Bhagalpur bearing B.L.D.R. Appeal No. 15 of
2023-24. After hearing the parties, the Divisional
Commissioner, Bhagalpur, affirmed the order of the learned
D.C.L.R., Naugachia, dated 06.12.2022. Thereafter, the
petitioner filed an application for execution of the order dated
06.12.2022 passed in B.L.D.R. Case No. 14 of 2022-23 before
the learned D.C.L.R., Naugachia.
5. Learned counsel for the petitioner submits that
since then, the learned D.C.L.R., Naugachia has not taken any
step in this matter till date, therefore, he prays before this Court
to direct the learned D.C.L.R., Naugachia to execute the order
dated 06.12.2022 passed by him in B.L.D.R. Case No. 14 of
2022-23 within reasonable time.
6. It is apparent from the record that the order dated
06.12.2022 passed by the learned D.C.L.R., Naugachia has been
affirmed by the Divisional Commissioner, Bhagalpur vide
B.L.D.R. Appeal Case No. 15 of 2023-24. Further, it appears
Patna High Court CWJC No.5327 of 2026(2) dt.23-04-2026
3/3
that an application was filed by the petitioner before the learned
D.C.L.R., Naugachia for execution of order dated 06.12.2022
passed by him as per the provision prescribed under Section 30
of the Bihar Land Disputes Resolution Rules, 2010. As per the
provision prescribed in the said rules, the D.C.L.R. shall himself
execute the order passed by him.
7. In view of the aforesaid rules, the learned D.C.L.R.,
Naugachia is directed to execute the order dated 06.12.2022
passed him in B.L.D.R. Case No. 14 of 2022-23, which has also
been affirmed by the Divisional Commissioner, Bhagalpur vide
B.L.D.R. Appeal Case No. 15 of 2023-24, preferably, within a
period of three months from the date of receipt/production of a
copy of this order.
8. Accordingly, this writ application is disposed of
with the aforesaid direction.
(Khatim Reza, J)
prabhat/-
U
Checking your session…