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2026 DAILYLAW 2249 (PAT)

Vidiya Sagar @ Vidyasagar v. The State of Bihar

CWJC/5171/2026 · 2026-04-21

Rajiv Roy

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5171 of 2026 ====================================================== Vidiya Sagar @ Vidyasagar Son of Late Pramanand Mishra, Resident of village- Pipra, Ward No.- 2, Police Station- Govindganj, District- East Champaran. ... ... Petitioner/s Versus 1. The State of Bihar Through the Principal Secretary, Land and Revenue Department Government of Bihar. 2. The Commissioner Tirhut Division, Muzaffarpur. 3. The Land Reform Deputy Collector, Motihari, East Champaran. 4. The Sub Divisional Officer, Motihari, East Champaran. 5. The Circle Officer, Block- Areraj, Motihari, East Champaran. 6. Videshi Sahani, Son of Late Narsing Sahani Resident of village- Jitwarpur Nayka Tola, Police Station- Govindganj , District- East Champaran. 7. Chandrika Sahani, Son of Late Shivbachhan Sahani Resident of village- Jitwarpur Nayka Tola, Police Station- Govindganj , District- East Champaran. 8. Brijkishor Thakur, Son of Late Jamarnath Thakur Resident of village- Jitwarpur Nayka Tola, Police Station- Govindganj , District- East Champaran. 9. Hira Lal Sah, Son of Rajendra Sah Resident of village- Jitwarpur Nayka Tola, Police Station- Govindganj , District- East Champaran. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Ms.Kumari Akanksha Rai Advocate For the Respondent/s : Mr.Ramadhar Singh, G.P. (25) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 21-04-2026 Heard Ms.Kumari Akanksha Rai, learned counsel for the petitioner and the State. 2. The present petition has been preferred for the following relief/s: (i) for issuance of writ in nature of mandamus directing the respondent No.5 to Patna High Court CWJC No.5171 of 2026(2) dt.21-04-2026 2/4 execute /implement the order dated 17.02.2022 passed by Respondent No.3, the court of Land Reform Deputy Collector Areraj East Champaran in case No. Land Dispute redressal case No.16/2021-22, where by the land measuring 5.53 decimal situated at khata No.89, khesara No.668 Area- 5.53 decimal shall be marked and demarcation should be conducted; (ii) to direct the respondent No.5 to determines the boundaries of the land in question and grant possession of the land to the petitioner as stated by the order of the L.R.D.C. the respondent No.3; (iii) to grant any other relief/ reliefs for which the petitioner should be found entitled in the facts and circumstances of this case. 3. The matter relates to a land has already been recorded in paragraph-1 and need no repetition. 4. On 07.07.2022, the case of Land Dispute Redressal Case No. 41/2022-23 (Paritosh Kumar Tiwary vs. Ratnakar Pandey) Patna High Court CWJC No.5171 of 2026(2) dt.21-04-2026 3/4 5. The Deputy Collector, Land Reforms, Areraj directed the Circle Officer, Areraj to take appropriate steps for measurement as also possession of the petitioner. 6. The case of the petitioner is that the Circle Officer, Areraj, East Champaran (respondent no.5) has filed to act in the matter. 7. Learned State Counsel submits that if the same has not been disposed of, it will be taken care of immediately. 8. Having heard the parties, this Court is of the opinion that an order has been passed by the D.C.L.R., Areraj, East Champaran, the case of the petitioner is that the same still holds ground inasmuch as it has not been annulled and/or set aside. 9. In that background, it is surprising that for three years, the Circle Officer, Areraj, East Champaran has failed to act in the matter. He is duty bound to take note of the direction issued by the superior authority and act accordingly so that the matter is taken to its logical conclusion. 10. In that background, the writ petition is disposed of directing the concerned respondent, the Circle Officer, Areraj, East Champaran to look into the matter and notice all the Patna High Court CWJC No.5171 of 2026(2) dt.21-04-2026 4/4 parties, fixed the date and accordingly do the needful strictly as per the direction given by the D.C.L.R., Areraj, East Champaran preferably within a period of two months from the date the petition alongwith the copy of the order is received to his/her office. Ravi/- (Rajiv Roy, J) U