Patna High Court
Rita Devi @ Rajmanti DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The Sub‑Divisional Magistrate acted within his law‑and‑order powers and did not usurp the jurisdiction of the District Collector Land Reforms, so the order stands.
Summary
The petitioner, Rita Devi, sought a writ under Article 226 to quash an order dated 19‑02‑2026 issued by the Sub‑Divisional Magistrate (S.D.M.), Patna City, which directed measurement and demarcation of a disputed land parcel. The dispute arose from a 2009 purchase and subsequent mutation in her favour, an ex‑parte order of the District Collector Land Reforms (D.C.L.R.) confirming her possession, and obstruction by a private respondent during construction. The petitioner argued that only the D.C.L.R. is the "competent authority" under Section 4 of the Bihar Land Dispute Resolution Act, 2009, and that the S.D.M. had exceeded his jurisdiction. The State contended that the S.D.M. was merely exercising his law‑and‑order powers to maintain peace while the measurement proceeded. The Court held that the S.D.M.'s directions were ancillary to maintaining law and order and did not usurp the D.C.L.R.'s jurisdiction, and therefore the order was valid. Consequently, the writ was dismissed and the S.D.M. was directed to complete the measurement and demarcation within six weeks.
Issues considered
- Whether the Sub‑Divisional Magistrate has jurisdiction to direct measurement and demarcation of land under Section 4 of the Bihar Land Dispute Resolution Act, 2009.
- Whether the order of the S.D.M. dated 19‑02‑2026 is void ab initio for exceeding his statutory powers.
- Whether the S.D.M.'s intervention infringes upon the exclusive jurisdiction of the District Collector Land Reforms as the competent authority.
Legislation cited
- Bihar Land Dispute Resolution Act, 2009 — s. Section 2(a), Section 4
- Constitution of India — s. Article 226
Subjects
- Land dispute
- Jurisdiction
- Sub‑Divisional Magistrate
- Demarcation
- Article 226
- Bihar Land Dispute Resolution Act
- Law and order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8068 of 2026
======================================================
Rita Devi @ Rajmanti Devi, W/o- Sanjay Kumar Panday, R/o- Sakin
Usmanpur, P.O- Raj Bhavan Kashiyawan, P.S.- Ekangarsarai, District-
Nalanda, present address at Badi Pahadi, Ganga Pradusan, P.S.- Agam Kuan,
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through District Magistrate, Patna.
2. The Sub-Divisional Magistrate, Patna City, Patna.
3. The Superintendent of Police, Patna City, Patna.
4. The Sub-Divisional Officer, Patna City, Patna.
5. The Deputy Collector, Land Reforms, Patna City, Patna.
6. The Circle Officer, Patna City, Patna.
7. The Officer-in-charge, Agamkuan Police Station, Patna.
8. Ritu Devi, W/o- Sanjay Kumar, Village- Mujhauna, P.S- Parsa, Saran-
841219, District- Saran.
9. Pratibha Devi, W/o- Ramesh Kumar Panday, Sakin- Bajrangpur, P.O-
Gulzarbagh, P.S.- Alamganj, District- Patna- 800007.
10. Ganesh Mahto, S/o Late Pairu Mahto, Sakin- Badi Pahadi, P.O- Krishna
Niketan, P.S.- Agamkuan, Patna, District- Patna.
11. Vikash Kumar, S/o- Madan Prasad, Sakin- Vijay Nagar, P.O- Lohinagar, P.S-
Patrakar Nagar, Patna., District- Patna.
12. Baliram Mahto, S/o- Chabbila Mahto, Sakin- Chotti Pahadi, Rasidachak,
P.O- Badi Pahadi, P.S- Agamkuan, Patna, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Anand, Advocate
For the Respondent/s : Mr.Standing Counsel (11)
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL ORDER
2 01-07-2026 Heard learned counsel for the parties.
2. By approaching this Court under Article 226 of the
Constitution of India, the petitioner has prayed for quashing the
order dated 19.02.2026 passed by the Sub-Divisional
Magistrate, Patna City in Land Dispute Resolution Case No. 06
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of 2026 whereby demarcation of the land in question has been
directed, claiming it to be wholly without its jurisdiction and
unsustainable in the eyes of law. The petitioner has also prayed
that a declaration be given by this Court that the proceedings
initiated by the S.D.M., Patna City in the aforesaid case, being
void ab initio, is unattainable in the eyes of law with an
additional prayer for quashing the demarcation/measurement
proceedings dated 09.04.2026 initiated pursuant thereto, as well
as, also for a direction to the D.C.L.R. and Circle Officer, Patna
City to give full effect to the order dated 03.01.2025 passed in
Land Dispute Resolution Case No. 17/P.S./24-25 and the
subsequent Measurement Case No. 22/24-25.
3. Short facts, shorn of unnecessary details, could
succinctly be detailed hereunder, for proper adjudication of the
matter at hand:-
(i) In the year 2009, petitioner got mutation in her
favour on a piece of land purchased by her vide order dated
30.11.2009 passed in Mutation Case No. 1607/09-10 and
accordingly rate was stated to be paid.
(ii) After some time, on account of dispute between
petitioner and the private respondent, petitioner moved the
application under Section 4 of the Bihar Land Dispute
Patna High Court CWJC No.8068 of 2026(2) dt.01-07-2026
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Resolution Act, 2009 which was registered at Case No.
17/P.S./24-25. In the aforesaid proceedings, in spite of proper
notice, none appeared on behalf of the private respondent
herein, then after an ex-parte hearing, an order dated 03.01.2025
was passed holding that petitioner was purchaser of the land
through a registered sale deed dated 04.06.2009 and
accordingly, a mutation was done in her favour.
(iii) The D.C.L.R. further directed the Circle Officer,
Patna City to ensure the demarcation of the land in question
with an additional direction to the S.H.O. Agam Kuan to
maintain law and order during such process of demarcation.
(iv) The Circle Officer vide letter dated 24.03.2025,
having registered measurement Case No. 22/24-25 for
measuring the land in dispute, directed the Anchal Ameen to get
measurement done. The Anchal Ameen conducted measurement
and submitted a report on 26.03.2025 stating therein that
petitioner was found in possession of the land.
(v) Thereafter, petitioner took initiative for
construction of house on the aforesaid piece of land, the private
respondent, at this stage, came into the picture and obstructed
such construction and virtually stopped the same.
(vi) The petitioner being aggrieved by such illegal
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acts of private respondent, approached the S.D.M., Patna City
for providing security from the private respondent upon which
the S.D.M., Patna City instituted a land dispute Resolution Case
No. 6 of 2026 and directed the Circle Officer, Patna City to
conduct measurement of the land described in the application
and submit a report at the earliest.
(vii) In pursuance thereof, the Circle Officer, Patna
City vide letter dated 03.04.2026 requested the S.H.O., Agam
Kuan, to stop the construction done by the petitioner till
measurement of the aforesaid piece of land pursuant to the
direction of the S.D.M., Patna City so that the law and order
situation could be maintained thereon.
4. The learned counsel for the petitioner vehemently
challenges the act of the S.D.M. Patna City by submitting
therein that the S.D.M. is not the competent authority to decide
the dispute between the parties in terms of the Land dispute
Resolution Act, 2009, as Clause 2(a) of Section 4 of the Bihar
Land Dispute Resolution Act, 2009 defines the "competent
authority" to mean the District Collector Land Reforms, who
will have jurisdiction to entertain, hear and adjudicate dispute
relating to boundary, possession and unlawful dispossession,
etc.
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5. Learned counsel for the State, at this stage, points
out that the S.D.M., Patna City is not deciding the dispute with
respect to the land in question, but simply in order to maintain
law and order situation on the aforesaid piece of land where
rival claims are being made by both the parties i.e. petitioner
and private respondent herein, on an application moved by the
petitioner before him for providing security to her, the S.D.M.,
Patna City directed the Circle Officer to get the land measured
properly and till such measurement is done in accordance with
law, construction work on that aforesaid piece of land was
restrained by the Circle Officer, who was entrusted with the
duty of getting the land measured with the help of Anchal
Ameen.
6. Heard rival submissions of both the sides. It is very
much evident from the record and averments made in the writ
application that the D.C.L.R., Patna City having registered a
proper case under Section 4 of the Bihar Land Dispute
Resolution Act, 2009 passed an order on 03.01.2025 holding the
petitioner to be in possession of that piece of land and thereafter
he directed the Circle Officer, Patna City to get the land
measured and demarcated in accordance with law in the
presence of concerned S.H.O. and if such demarcation and
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measurement is obstructed by either of the parties then the
S.H.O., Agam Kuan, will act in accordance with law in order to
maintain the law and order situation.
7. In this regard it would be apposite to quote the relevant
part of the findings recorded by the D.C.L.R., Patna City under
order dated 03.01.2025 passed in Bihar Land Dispute
Resolution Case No. 17/P.S./24-25:-
"अतएव उकत तथयो के आलोक मे
अं चलाधधकारी, पटना सदर को धनदे श धदया जाता
है धक सं बंधधत थानाधयक की उपधसथधत मे
प्रशनगत भूधम का सीमांकन धनयमानु सार उभय
पक को सूचनोपरानत कराना सु धनधशचत करे गे ।
अगर सीमांकन के क् रम मे उभय पक मे धकसी के
दारा वयवधान उतपनन धकया जाता है तो इस
सं बंध मे थानाधयक, अगमकुआँ सु संगत धाराओं
मे धवधधसममत काररवाई करना सु धनधशचत करे गे ।
आदे श की पधत अनु पालनाथर अं चलाधधकारी,
पटना सदर एवं थानाधयक, अगमकुआँ को पपधषत
करे ।"
8. It is thus evident from the aforesaid findings recorded
by the D.C.L.R., Patna City that he directed the Circle Officer,
Patna City to get the land measured and demarcated in presence
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of the S.H.O. of the concerned P.S. and if either of the party
makes any endeavor to get the aforesaid demarcation and
measurement disturbed, then the concerned Circle Officer was
also directed to take all measures to restrain either of the sides
from creating disturbance.
9. Further from the order 19.02.2026 passed by the Sub-
Divisional Magistrate, Patna City which is quoted hereunder for
proper appreciation of the matter :-
"अतः आवे दन से पपपत आवे दन पत एवं
सं लगन कागजात की छायापधत सं लगन
करते हुए धनदे श है धक उकत आवे दन पत मे
वधररत भूधम का सथलीय जॉचोपरांत मापी
कर गाधी पधतवे दन के साथ वतरमान
धसथधत सपषट करते हुए अनु शंसा के साथ
अधवलं ब पधतवे दन उपलबध कराना
सु धनधशचत करे गे ।"
It becomes manifestly evident that the S.D.M. Patna City,
on an application filed by the petitioner, has also directed the
Circle Officer, Patna City to get the land measured and submit a
categorical report along with his recommendations.
10. The Sub-Divisional Magistrate, Patna City vide order
dated 19.02.2026 has not embarked upon to usurp the power as
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vested in the D.C.L.R. in terms of Section 4 of the Bihar Land
Resolution Act, 2009 rather he has also passed an order
practically and effectively furthering the order dated 03.01.2025
passed by the D.C.L.R., Patna City wherein the same kind of
direction has also been issued.
11. The argument as advanced on behalf of the petitioner
that the S.D.M., Patna City has gone beyond his jurisdiction to
initiate a proceeding under Section 4 of the Land Dispute
Resolution Act, 2009 appears to be fallacious and against the
document brought on record in the form of various annexures
appended to the writ application. By no stretch of imagination, it
can be legally said that the S.D.M. has usurped the power as
vested in D.C.L.R. rather S.D.M. has to step-in in order to
maintain the law and order and that too on an application so
filed by the petitioner.
12. As a matter of fact, the Sub-Divisional Magistrate has
not initiated a new kind of proceeding rather he has acted in
accordance with law in terms of the power assigned to him in
the law to maintain law and order situation in the event of any
kind of dispute which arose on account of rival claims of the
parties with respect to the boundaries and demarcation of any
piece of land.
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13. Thus, the contention of the petitioner assailing the
order dated 19.02.2026 passed by the Sub-Divisional
Magistrate, Patna City does not appear to be legally valid and
tenable in the eyes of law. Since the matter is still pending
before the S.D.M., Patna City who has initiated the proceedings
of measurement and demarcation over the aforesaid piece of
land on a petition moved by the petitioner, the S.D.M., Patna
City is directed to conclude the aforesaid proceedings at the
earliest in order to resolve the dispute between the petitioner and
private respondent within a period of six weeks henceforth.
14. Accordingly, this writ application stands disposed off
with aforesaid directions.
15. Interlocutory application(s), if any, also stands
disposed off accordingly.
(Rana Vikram Singh, J)
Saurabh.kr/-
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