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2026 DAILYLAW 2710 (PAT)

Paritosh Kumar Tiwari @ Paritosh Kumar Tiwary v. The State of Bihar

CWJC/5128/2026 · 2026-04-21

Rajiv Roy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5128 of 2026 ====================================================== Paritosh Kumar Tiwari @ Paritosh Kumar Tiwary Son of Late Nawal Kishore Tiwari, Resident of Village-Pipra Yogiya Tola, 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. Most. Mainawati Kuer, Wife of Late Devendra Pandey, Resident of Village- Pipra Yogiya Tola, Police Station-Govindganj, District-East Champaran. 7. Ratanakar Pandey, Son of Late Devendra Pandey, Resident of Village-Pipra Yogiya Tola, Police Station-Govindganj, District-East Champaran. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Ms.Kumari Akanksha Rai, Advocate For the Respondent/s : Mr.Government Pleader (24) ====================================================== 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.3 to execute implement the order dated 07.07.2022 passed by Respondent No.3, the Patna High Court CWJC No.5128 of 2026(2) dt.21-04-2026 2/4 court of Land Reform Deputy Collector Arera,j East Champaran in case No. Land Dispute redressal case No.41/2022-23, whereby the land measuring 2 dhoor situated at khata No.479, khesara No.2377 Area 2dhoor 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 sand land to him 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) 5. The Deputy Collector, Land Reforms, Areraj directed the Circle Officer, Areraj to take appropriate steps for Patna High Court CWJC No.5128 of 2026(2) dt.21-04-2026 3/4 measurement as also possession of the petitioner. 6. The case of the petitioner is that the Circle Officer, Areraj, East Champaran (respondent no.5) failed 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 parties, fixed the date and accordingly do the needful strictly as per the direction given by the D.C.L.R., Areraj, East Champaran Patna High Court CWJC No.5128 of 2026(2) dt.21-04-2026 4/4 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