Ashok Kumar RaiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.9734 of 2026
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                 Ashok Kumar Rai Son of Late Madhuri Rai, Resident of Village-Chand
                 Suraari, P.O.-Chora Tabhka, P.S.-Vibhutipur, District-Samastipur.


                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Secretary, Revenue and Land Reforms Department, Government of
                 Bihar, Patna.
           3.    The District Magistrate, Samastipur.
           4.    The Deputy Collector Land Reforms, Rosera, District-Samastipur.
           5.    The Circle Officer, Vibhutipur, District-Samastipur.
           6.    Parmanand Rai, Son of Late Ram Chalitar Rai, Village Chand Surari, P.S.
                 Vibhutipur, District Samastipur.
           7.    Ram Babu Rai, Son of Late Chaudhary Rai, Village Chand Surari, P.S.
                 Vibhutipur, District Samastipur.
           8.    Deep Narayan Rai @ Deep Narayan Rai, Son of Late Ram Bilas Rai @
                 Bhola Rai, Village Chand Surari, P.S. Vibhutipur, District Samastipur.


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Abhishek Kumar Pandey, Adv.
                                               Mr. Prakash Raj, Adv.
                                               Mr. Akash Hari, Adv.
                 For the Respondent/s   :      Mr. Anjaneya Singh, AC to AAG-13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
                                       ORAL ORDER

2   06-07-2026                   Heard the learned counsel for the parties.

                                 2. By filing the present writ application, the learned

                   counsel for the petitioner has prayed for issuance of writ in the

                   nature of mandamus directing the respondent Circle Officer,

                   Vibhutipur, District Samastipur to implement and comply the
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          order dated 13.03.2026 passed by D.C.L.R., Rosera in BLDRA

          Case No. 14/2024-25, whereby a direction was given to the

          Circle Officer, Vibhutipur to get the disputed land measured and

          demarcated.

                      3. The grievance of the petitioner is that in spite of the

          order passed by the D.C.L.R., the competent authority, the

          Circle Officer, Vibhutipur is sitting tight over the matter and not

          discharging his legal duty in terms of the direction so issued by

          the superior authority.

                      4. The learned counsel appearing on behalf of the

          State submits that the High Court cannot be allowed to be

          turned into an executing Court of the order passed by the

          D.C.L.R. The petitioner should have approached the higher

          administrative authority in the district instead of directly coming

          to the High Court under writ jurisdiction.

                      5. Perusal of the documents annexed herewith the writ

          application and averments made therein reveal that under

          misconceived notion, petitioner has filed this writ application

          and in fact, has attempted to convert this Court into a Court of

          Execution to get the order of D.C.L.R. executed, a notion so

          fallacious, simply impermissible in the eyes of law.

                      6. However, at this stage, the learned counsel for the
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          petitioner prays for withdrawal of the writ application with

          liberty to approach the appropriate forum in order to get his

          grievances redressed.

                      7. Though this Court is not issuing any positive

          direction in the matter yet it is compelled to take note of the

          sordid state of affairs prevailing at the ground level where the

          order of superior authority like that of D.C.L.R. is not being

          complied with and executed by his subordinate officer, i.e.,

          Circle Officer, Vibhutipur. This fact must be brought to the

          notice of the District Magistrate of Samastipur, who could have

          seen the matter and issued necessary directions throughout his

          jurisdiction, that the order of superior authority has to be

          complied with in accordance with law.

                      8. With the aforesaid observation, the learned counsel

          for the petitioner is accorded a permission to file a proper

          application      before     the    District    Magistrate-cum-Collector,

          Samastipur, highlighting his grievances thereupon the Collector,

          Samastipur shall pass necessary orders to the authorities

          concerned in the matter within four weeks from the date of

          receipt of a copy of this order along with a representation so

          filed by the petitioner.

                      9. This writ application stands disposed of.
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                                  10. All pending interlocutory application(s), if any,

                      stand/s disposed off.



                                              (Rana Vikram Singh, J)
Rupa/
Supratim-

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