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Patna High Court

Ashish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Circle Officer, Parbatta, must promptly measure and demarcate the land after accepting the applicable fees.

Summary

Petitioner Ashish Kumar filed a writ petition seeking a mandamus directing the Circle Officer, Parbatta, to demarcate his land (Khata No. 251, Plot No. 70, 9 Katha 9 Dhur) after he had applied on 14‑10‑2025 and received no response. The petitioner alleged that the Circle Officer had failed to entertain his application. The Court examined whether the administrative authority was obligated to measure and demarcate the land upon receipt of the application and payment of fees. Relying on the statutory duty of revenue officers to carry out land measurement, the Court ordered the Circle Officer to proceed with the demarcation forthwith after accepting the requisite fees. The petition was disposed with the direction for immediate action.

Issues considered

  • Whether the Circle Officer is legally bound to demarcate the petitioner’s land upon his application and payment of fees.

Subjects

  • land demarcation
  • mandamus
  • revenue officer duty
  • administrative law
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.562 of 2026
                 ======================================================
                 Ashish Kumar S/o Late Mahendra Paswan, Resident of Village and Post-
                 Salarpur, P.S.-Parbatta, District-Khagaria.

                                                                        ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary Home Deptt., Govt. of
                 Bihar, Patna.
           2.    The Commissioner Munger Commissionery, Munger.
           3.    The Collector, Khagaria, District-Khagaria.
           4.    The Sub Divisional Officer, Gogari Sub Division of Khagaria, District-
                 Khagaria.
           5.    The Circle Officer, Parbatta, Circle Officer, District-Khagaria.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Satish Kumar Sinha, Advocate
                 For the Respondent/s   :         AC to Standing Counsel (25)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   27-01-2026                 Heard Mr. Satish Kumar Sinha, learned counsel

                   appearing on behalf of the petitioner and                     learned AC to

                   Standing Counsel (25) for the State.

                               2. The petitioner in paragraph no. 1 of the present writ

                   petition has sought inter alia the following relief(s), which is

                   reproduced hereinafter:-

                                                        “1 That petitioner seek indulgence of this
                                            Hon'ble High Court for the following reliefs:-
                                                        (A) A writ in the nature of mandamus or any
                                            other appropriate writ order/orders, direction/
                                            directions, commanding the respondent for the
                                            following:-

                                                         (i) To demark the land of petitioner bearing
                                            Khata no. 251, Khesra no. 70, Area 09 katta 9 Dhur
                                            situated at Mauza Bharso foling with in Thana no. 361 of
                                            Khagaria District.
                                                         (ii) To dispose of the application dated-
           Patna High Court CWJC No.562 of 2026(2) dt.27-01-2026
                                                       2/2




                                             14.10.2025 given by the petitioner no. 01 for
                                             demarcation of the land bearing Khana no. 251 plot no.
                                             70 Area 9 katha 9 dhur accordance with law forth with.
                                                           (B) To any other relief/reliefs for which the
                                             petitioner is entitled too.”



                                 3. Learned counsel appearing on behalf of petitioner

                     informs that the petitioner has already filed an application on

                     14.10.2025 for the reliefs as prayed for in the present writ

                     petition before the Circle Officer, Parbatta, Khagaria, for

                     demarcation of land appertaining to Khata No.251, Plot No.70,

                     Area 9 Katha 9 Dhur but the said application has not been

                     entertained till date.

                                 4. The Circle Officer, Parbatta, Khagaria must

                     forthwith proceed to measure the land in question after

                     accepting the fees for the measurement, in accordance with law.

                                 5. Accordingly, the present application stands

                     disposed of.



                                               (Purnendu Singh, J)
Ashishsingh/-

U


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