Patna High Court
Savitri DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the writ petition is disposed, allowing the petitioner to fix pillars as per the completed measurement, and there is no basis to quash the earlier administrative orders.
Summary
The petitioner, Savitri Devi, sought to quash two earlier orders directing the demarcation of land by an Anchal Amin, arguing that such matters should be decided by a civil court. The petitioner also requested a direction to fix boundary pillars on the land after a measurement was conducted on 11‑02‑2025, which she and other parties signed. The court noted that the measurement had been completed without objection, the Circle Officer confirmed peaceful possession by the petitioner, and no evidence showed any obstruction to fixing pillars. It found no merit in the petitioner's claim that the earlier orders were unlawful or that the administrative steps had not been implemented. Consequently, the court disposed of the writ petition, granting the petitioner liberty to fix the pillars if she wishes, while refusing to quash the earlier orders.
Issues considered
- Whether the orders directing demarcation of the land are maintainable before a civil court and can be quashed.
- Whether the petitioner is entitled to a judicial direction to fix boundary pillars after the measurement has been completed.
- Whether the court should intervene in land demarcation matters already addressed by the revenue authorities.
Subjects
- land dispute
- demarcation
- measurement
- boundary pillars
- writ petition
- civil court jurisdiction
- land reforms
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.612 of 2026
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Savitri Devi wife of Binod Kumar Singh, resident of Village-Chamuchak,
Pupun, P.S.-Pipra, District-Patna, Bihar-804453.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Government of Bihar, Patna.
2. The Land Reforms Deputy Collector, Masaurhi, District-Patna.
3. The Circle Officer, Masaurhi, District-Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priyajeet Pandey, Advocate
Ms. Megha, Advocate
Mr. Kaustubh Kumar, Advocate
For the Respondent/s : Mr.Standing Counsel (08)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 20-01-2026 Heard Mr. Priyajeet Pandey, learned counsel for the
petitioner and the State.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of an appropriate the
writ/order/direction for quashing order
dated 15.7.2011 passed in Land Dispute
Case No. 6/2011-12 by the deputy Collector
Land Reforms, Sadar Darbhanga
(Respondent no.2) by which Anchal Amin
was directed to demarcate the land of parties
though the relief claimed by Respondent no.4
Patna High Court CWJC No.612 of 2026(2) dt.20-01-2026
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and 5 was maintainable only in the Civil
Court of original jurisdiction;
(ii) for quashing order dated 3.12.2014
passed in Land Dispute Execution case No.
628/2013-14 by which Anchal Amin has
been directed to demarcate and deliver
possession to Respondent no. 4 and 5 if the
land is found in possession of the petitioner.
3. There is no dispute relating to the land as the
petitioner has not impleaded any private respondents. Pursuant
to the request earlier made, the measurement took place on
11.02.2025 and the parties including the petitioner’s husband
signed the document being satisfied with the measurement
process.
4. Subsequently, it seems, upon a petition preferred
by the petitioner before the D.C.L.R., Masaurhi, Patna vide
letter no. 748 dated 24.04.2025, the Circle Officer, Masaurhi
was directed to do the needful as per the measurement.
5. This followed the letter no. 283 dated 05.08.2025
issued by the Circle Officer, Masaurhi to the petitioner
recording that she has possession over the land, a proper
measurement has been done without any hindrance and if the
Patna High Court CWJC No.612 of 2026(2) dt.20-01-2026
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petitioner so want, can put in her pillar.
6. From the averment in the writ petition, no where it
has been stated that pursuant to the said letter dated 05.08.2025,
the petitioner tried to fix the pillar and faced any problem.
7. The petitioner’s insistence is that the pillars have to
be fixed in the presence of the respondents.
8. Learned State counsel submits that the
measurement has been done, parties have signed, the Circle
Officer, Masaurhi is satisfied that the petitioner’s family is
having peaceful possession over the land, she is well advised to
fix her pillars.
9. This Court is in complete inconfirmity with the
submission of the learned State counsel.
10. The aforesaid development that has taken place
clearly show that the petitioner without any basis has
approached the Court as there is nothing on record to show that
pursuant to the direction issued by the D.C.L.R., Masaurhi,
Patna as also the Circle Officer, Masaurhi, Patna, they have
taken any steps for fixing the pillars.
11. The writ petition, in that background, is disposed
of allowing the petitioner to take steps for fixing the pillars, if
she so want pursuant to the measurement made in the presence
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of all the parties/villagers dated 11.02.2025 and the last letter
issued by the Circle Officer, Masaurhi, Patna.
(Rajiv Roy, J)
Ravi/-
U
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