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Patna High Court

Savitri DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                 ======================================================
                 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
                                            3/4




          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
         Patna High Court CWJC No.612 of 2026(2) dt.20-01-2026
                                                     4/4




                   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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