Ashok Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5245 of 2026 ====================================================== Ashok Kumar Jaiswal, son of Late Etvari Jaiswal, Resident of village Birauli Bazar, P.S.-Rupauli, District-Purnea.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Land Reform Revenue Department, Govt. of Bihar, Patna 2.

District Magistrate, Purnea 3.

Land Reforms Deputy Collector, Dhamdaha 4.

Superintendent of police, Purnea 5.

Deputy Superintendent of police, Purnea 6.

Officer in Charge, Rupauli, District Purnea.

7.

Circle officer, Rupauli, Purnea 8.

Anchal Amin Rupauli, Purnea 9.

Bajrangi Yadav son of Late Bhudev Yadav resident of village Ajho Kopa Tintenga More, P.S.Rupauli, District Purnea 10.

Khuso Yadav son of Late Bhudev Yadav resident of village Ajho Kopa Tintenga More, P.S.Rupauli, District Purnea 11.

Harangi Yadav Late Bhudev Yadav resident of village Ajho Kopa Tintenga More, P.S.Rupauli, District Purnea ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Adv.

For the Respondent/s :

Mr. Standing Counsel (07) ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-04-2026 Heard learned counsel for the parties.

2. This writ application has been filed for the following reliefs:- (i). For giving a direction to implement the order dated 21.05.2013 passed by the learned Land Reform Deputy Collector (Respondent no.3), Dhamdaha, Purnea in Case no. 41 of 2012-13.

2/4 (ii). For giving a direction to the respondent no. 7 to make measurement of the land as per the order dated 21.05.2013 passed in Case no. 41 of 2012-13 and make demarcation of the land appertaining to Khata no.197, Kheshra no.1195 Area 0.31 decimals, whereby and where under the private respondent nos. 9 to 11 have illegally been occupying the land of the petitioner. (iii). For giving a direction to restore the possession of the petitioner over the land in question occupied by the private respondent after making measurement.

(iv). For giving a direction to take proper action against the private respondent nos. 9 to 11 to not create made hindrance in demarcation of the land of the petitioner as making full cooperation to settled the disputed land.

(v). For giving a direction to respondent Circle officer to take all step in compliance of the order dated 21.05.2013 in Case No. 41 of 2012-13 by taking help of the police protection force.

3. Learned counsel for the petitioner submits that in view of order dated 21.05.2013 passed in Case No. 41 of 201213 by the learned D.C.L.R., Dhamdaha, Purnea, the Circle Officer, Rupauli has not passed any order despite the petitioner approached the concerned Circle Officer time and again. Lastly, the petitioner filed an application to learned D.C.L.R., Dhamdaha on 03.06.2019 with regard to compliance of order

3/4 dated 21.05.2013 passed in Case No. 41 of 2012-13, who in turn, requested the Circle Officer to take necessary action and submit a report. However, the petitioner also filed application before the District Public Grievance Cell. Thereafter, the Incharge Officer District Confidential Branch, Purnea issued order contained in Letter No. 3484 dated 02.08.2019 and directed the Circle Officer to take necessary action in view of order dated 21.05.2013 passed in Case No. 41 of 2012-13 and submit a report to the District Magistrate, Purnea. Again thereafter, under Letter No. 4370 dated 28.09.2019, a reminder was sent to the Circle Officer, Rupauli with regard to the land demarcation case of the petitioner.

4. It is further submitted that when no action was taken by the Circle Officer, Rupauli, then the petitioner again filed an application before the Circle Officer, Rupauli on 14.12.2020 with regard to demarcation of the land of the petitioner. Pursuant to application dated 14.12.2020, the notices were issued to the Private Respondent Nos. 9 to 11 but they did not appear before the concerned Circle Officer.

5. Learned counsel for the petitioner further submits that a direction may be given to Circle Officer, Rupauli to dispose of the application dated 14.12.2020 filed in the light of

4/4 order dated 21.05.2013 in Case No. 41 of 2012-13.

6. Considering the aforesaid facts and submissions made by the learned counsel for the petitioner, since the matter is pending from 2013 and no discernible action has been taken by the Circle Officer, Rupauli, Purnea and therefore, the Circle Officer, Rupauli, Purnea is directed to dispose of the application of the petitioner positively within three months from the date of receipt/production of the copy of this order.

7. It goes without saying that non-compliance on the part of the respondent no. 7 shall be viewed seriously.

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

(Khatim Reza, J) prabhat/- U