Baue Lal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18248 of 2025 ====================================================== Baue Lal Mahto S/o-Late Doman Mahto, resident of Village-Sajhuar, P.S.- Bahera, District-Darbhanga.

... ... Petitioner/s

Versus

1.

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

The Chief Secretary, Government of Bihar, Patna. 3.

The District Magistrate, Darbhanga.

4.

The Superintendent of Police, Darbhanga.

5.

The Sub-divisional Officer, Benipur, Darbhanga. 6.

The Deputy Collector Land Reforms, Benipur, Darbhanga. 7.

The Circle Officer, Benipur Block, Darbhanga. 8.

Surya Narayan Mahto, S/o Late Dev Kishun Mahto, resident of VillageSajhuar, P.S.-Bahera, District-Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv.

Mr. Vijay Kumar, Adv.

For the Respondent/s :

Mr. Standing Counsel (22) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-11-2025 Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner appearing through virtual mode and Mr. Vipin Kumar Singh representing the State.

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

(i) For issuance of writ in the nature of mandamus directing the respondent authorities particularly respondent no. 7 i.e. Circle Officer, Benipur Block, to undertake measurement of the land of the petitioner as per the village cadastral map and revenue

Patna High Court CWJC No.18248 of 2025(2) dt.20-11-2025 2/3 document such as Khatiyan and demarcate the said land.

(ii) For further direction upon the respondent authorities to provide protection of life, liberty and property of the petitioner from illegal encroachment being made by respondent no. 8 in connivance with the respondent Circle Officer.

(iii) For any other relief/reliefs for which the petitioner is found entitled in the facts and circumstances of the case.

3. Learned counsel for the petitioner submits that he owns the piece of land bearing Khata No. 126 (old), 328 (new), Khesra No. 353 (old), 491, 482, 483, 484 (new) having an area of 75 decimal. The submission is that respondent no. 8, Surya Narayan Mahto along with family members regularly disturb them and in that background, as a law abiding citizen, he wanted measurement of the land but the Circle Officer, Benipur, Darbhanga (respondent no. 7) is not taking note of the fact which may further result into civil/criminal proceeding.

4. Learned State Counsel submits that if a proper petition along with requisite fee is/are submitted, the matter shall be taken to its logical conclusion.

5. In that background, with the consent of the parties, the writ petition is disposed of directing the Circle Officer,

Patna High Court CWJC No.18248 of 2025(2) dt.20-11-2025 3/3 Benipur, Darbhanga (respondent no. 7) to look into the matter and if within four weeks the petitioner submits his representation/petition along with the requisite fee, he is dutybound to notice all the concerned parties, fix a date, get the land measured in the presence of the parties asking them to put in their signatures and if any of the party decides not to sign the same, the signatures of local villagers must be taken as witness. The entire process is to be completed latest by 31st March, 2026.

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

(Rajiv Roy, J) Vijay Singh/- U