Awadhesh Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5327 of 2026 ====================================================== Awadhesh Kumar Mishra, S/o Late Mohan Mishra, Resident of villageRangra, P.S.- Rangra Chowk, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Additional Chief Secretary Department of Land Reforms and Revenue Govt. of Bihar, Patna.

3.

The Divisional Commissioner, Bhagalpur Division Bhagalpur, Bihar. 4.

The District Magistrate-cum-District Collector Bhagalpur, DistrictBhagalpur, Bihar. 5.

The Sub-Divisional Officer-cum-Sub Divisional Magistrate, Naugachia, District- Bhagalpur, Bihar.

6.

The Deputy Collector Land Reforms and Revenue Naugachia, DistrictBhagalpur. 7.

The Circle Officer Anchal Rangra Chowk, Naugachia, Bhagalpur, Bihar. 8.

Birendra Sah, S/o Late Deosharan Sah, aged about .... years, R/o At Chapar, P.S. - Rangra Chowk, District- Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Thakur, Adv.

For the Respondent/s :

Mr. Nawal Kishore Singh, AC to GP-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-04-2026 Heard learned counsel for the parties.

2. This writ application has been filed for direction to the learned D.C.L.R., Naugachia to execution the order dated 06.12.2022 passed in Appeal Case No. 14 of 2022-23 (B.L.D.R. Case No. 14 of 2022-23 which has been wrongly typed as Appeal Case No. 14 of 2022-23).

3. It is submitted by the learned counsel for the petitioner, that after hearing the parties, the learned D.C.L.R.,

Patna High Court CWJC No.5327 of 2026(2) dt.23-04-2026 2/3 Naugachia allowed the application of the petitioner on 06.12.2022 and directed respondent no. 8 to remove the encroachment from the land in question.

4. Being aggrieved by the said order, respondent no. 8, namely, Birendra Sah filed an appeal before the Divisional Commissioner, Bhagalpur bearing B.L.D.R. Appeal No. 15 of 2023-24. After hearing the parties, the Divisional Commissioner, Bhagalpur, affirmed the order of the learned D.C.L.R., Naugachia, dated 06.12.2022. Thereafter, the petitioner filed an application for execution of the order dated 06.12.2022 passed in B.L.D.R. Case No. 14 of 2022-23 before the learned D.C.L.R., Naugachia.

5. Learned counsel for the petitioner submits that since then, the learned D.C.L.R., Naugachia has not taken any step in this matter till date, therefore, he prays before this Court to direct the learned D.C.L.R., Naugachia to execute the order dated 06.12.2022 passed by him in B.L.D.R. Case No. 14 of 2022-23 within reasonable time.

6. It is apparent from the record that the order dated 06.12.2022 passed by the learned D.C.L.R., Naugachia has been affirmed by the Divisional Commissioner, Bhagalpur vide B.L.D.R. Appeal Case No. 15 of 2023-24. Further, it appears

Patna High Court CWJC No.5327 of 2026(2) dt.23-04-2026 3/3 that an application was filed by the petitioner before the learned D.C.L.R., Naugachia for execution of order dated 06.12.2022 passed by him as per the provision prescribed under Section 30 of the Bihar Land Disputes Resolution Rules, 2010. As per the provision prescribed in the said rules, the D.C.L.R. shall himself execute the order passed by him.

7. In view of the aforesaid rules, the learned D.C.L.R., Naugachia is directed to execute the order dated 06.12.2022 passed him in B.L.D.R. Case No. 14 of 2022-23, which has also been affirmed by the Divisional Commissioner, Bhagalpur vide B.L.D.R. Appeal Case No. 15 of 2023-24, preferably, within a period of three months from the date of receipt/production of a copy of this order.

8. Accordingly, this writ application is disposed of with the aforesaid direction.

(Khatim Reza, J) prabhat/- U