Md. Dukhwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1732 of 2026 ====================================================== 1.

Md. Dukhwa Son of Md. Nasir, resident of village- Pichhara, P.O. - Balu Para, P.S. Balu Para, District - Katihar.

2.

Md. Aslam, Son of Md. Irfan, resident of Village- Pichra, P.O. - Balu Para, P.S.- Balu Para, District- Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reform, Bihar, Patna.

2.

The Divisional Commissioner, Purnea Division, Purnea. 3.

The District Magistrate-cum-Collector, Katihar. 4.

The Additional Collector, Katihar.

5.

The Sub-Divisional Officer, Katihar.

6.

The Deputy Collector, Land Reforms, Katihar.

7.

The Circle Officer, Barsoi, District- Katihar. 8.

Suresh Mochi, Son of Lachhu Mochi, aged about ............ years, resident of Village - Jaharpur, P.S. - Barsoi, District- Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Kumar Thakur, Adv.

For the Respondent/s :

Mr. Standing Counsel (15) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-02-2026 Heard Mr. Ranjit Kumar Thakur, learned counsel for the petitioner and the State.

2. The present application has been preferred for the following relief(s):

(i) To issue an appropriate order/s, direction/s including a writ in the nature of mandamus commanding and direction upon the respondent Deputy Collector Land Reforms, Katihar to resolve the land dispute

Patna High Court CWJC No.1732 of 2026(2) dt.03-02-2026 2/3 between the petitioner and the private respondents with regard to the land measuring 0.75% decimal appertaining to Thana No.12, Khata No.81, Khesra No.152, 153, 154 and 158 situated in MauzaPichhra, P.S.-Barsoi, District- Katihar. (ii) To direct the respondent No.6 to take steps for delivery of possession of the land in favour of the petitioners who are rightful owner.

(iii) To any other relief/s to which the petitioner may be found entitled in the facts and circumstances of the case.

3. A notice has been issued by the Circle Officer, Barsoi (Katihar) asking the parties to appear. Petitioner is amongst them who has been noticed.

4. Learned counsel for the petitioner submits that the Circle Officer, Barsoi has no jurisdiction to issue such notices.

5. Learned State Counsel submits that whatever stand is that of the petitioner, can very well be addressed to the said Circle Officer, Barsoi and without doing so, the writ petition has been filed.

6. This Court is in conformity with the submissions put forward by learned State Counsel. At this stage, learned counsel for the petitioner submits that the petitioner shall be filing a detailed reply on the notice issued by the Circle Officer, Barsoi.

Patna High Court CWJC No.1732 of 2026(2) dt.03-02-2026 3/3

7. If such reply is filed, after hearing all the parties, the Circle Officer, Barsoi has to pass a reasoned order at an earliest.

8. The writ petition is disposed of with aforesaid observation.

(Rajiv Roy, J) Vijay Singh/- U