Saroj Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.91 of 2025 ====================================================== Saroj Devi wife of late Uday Pratap Singh, resident of village and P.O.- Rajpur, Anchal and Police Station- Raghunathpur, District- Siwan. ... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.
2.
The District Magistrate, Siwan.
3.
The Superintendent of Police, Siwan.
4.
The Sub-Divisional Officer, Siwan Sadar, District- Siwan. 5.
The Deputy Collector, Land Reforms, Siwan Sadar, District- Siwan. 6.
The Circle Officer, Raghunathpur, District- Siwan. 7.
The S.H.O. Raghunathpur Police Station, District- Siwan. 8.
Suresh Bhagat, Son of Laxman Bhagat resident of village- Rajpur, Anchal and Police Station- Raghunathpur, District- Siwan. 9.
Hansnath Yadav, Son of Late Guli Chaudhary resident of village- Rajpur, Anchal and Police Station- Raghunathpur, District- Siwan. 10.
Sanjay Singh, Son of Mahatam Singh resident of village- Rajpur, Anchal and Police Station- Raghunathpur, District- Siwan. 11.
Manish Kumar Singh, Son of Sanjay Singh resident of village- Rajpur, Anchal and Police Station- Raghunathpur, District- Siwan. 12.
Anish Kumar Singh, Son of Sanjay Singh resident of village- Rajpur, Anchal and Police Station- Raghunathpur, District- Siwan. 13.
Vijay Shankar Dubey, Son of Madan Dubey resident of village- Rajpur, Anchal and Police Station- Raghunathpur, District- Siwan. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary For the Respondent/s :
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-01-2025
1. Heard learned counsel for the petitioner.
2. No one appears on behalf of the State.
3. The learned counsel for the petitioner submits that the instant writ application has been filed for a direction upon
Patna High Court CWJC No.91 of 2025(2) dt.21-01-2025 2/3 the Circle Officer, Raghunathpur, Siwan to comply the order dated 03.08.2022 passed by the DCLR, Siwan Sadar in Bihar Land Dispute Resolution Case No. 67 of 2021-22 whereby he has directed the Circle Officer, Raghunathpur, Siwan to get the land in dispute measured in accordance with law and to give an administrative support to Saroj Devi in getting her boundary constructed.
4. The learned counsel for the petitioner next submits that in pursuance of the order dated 03.08.2022 passed by the DCLR, Siwan Sadar in Bihar Land Dispute Resolution Case No. 67 of 2021-22, the petitioner represented before the Circle Officer, Raghunathpur by her representation dated 20.09.2022 but when no action was taken, the petitioner represented before the District Magistrate, Siwan by her representation dated 01.10.2022 (Annexure P/3), but still no action was taken. It is submitted that it absolutely does not stand to reason that as to why the Circle Officer, Raghunathpur has not acted on the order of the DCLR when the order of the DCLR, in absence of challenge, has attained finality. It is further submitted that the Circle Officer is bound to follow the orders passed by the DCLR until and unless the same is set aside by a superior forum.
5. After hearing the learned counsel for the petitioner,
Patna High Court CWJC No.91 of 2025(2) dt.21-01-2025 3/3 the writ application is disposed of with a direction to the petitioner to file a fresh representation before the Circle Officer, Raghunathpur along with order of the DCLR on or before 31.01.2025, if the petitioner files any application on or before 31.01.2025, in that event, the Circle Officer, Raghunathpur shall dispose of the same in accordance with law within a period of three months thereafter.
6. The writ application is disposed of.
7. It is made clear that the Court has not expressed any opinion on the merits of the case.
(Satyavrat Verma, J) Rishabh/- U