Dukhai Lal @ Dukhwa Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1553 of 2026 ====================================================== Dukhai Lal @ Dukhwa Yadav Son of Late Uchit Lal Yadav @ Uchit Lal, Resident of Village- Shahpur, P.O.- Dangol, P.S.- Balrampur, District- Katihar. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Katihar.

3.

The D.C.L.R., Barsoi, Katihar.

4.

The Circle Officer, Balrampur, Katihar.

5.

Mangla Singh, Son of Darak Mohan Singh, Resident of Village- Sahpur, P.O.- Dangol, P.S.- Balrampur, District- Katihar. 6.

Budh Karan Singh, Son of Darak Mohan Singh, Resident of Village- Sahpur, P.O.- Dangol, P.S.- Balrampur, District- Katihar. 7.

Heera Roy, Son of Moti Roy, Resident of Village- Sahpur, P.O.- Dangol, P.S.- Balrampur, District- Katihar.

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

For the Petitioner/s :

Mr. Shivnandan Bharti, Advocate For the Respondent/s :

Mr. S. Raza Ahamad, AAG-5 Mr. Vishwambhar Prasad, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-04-2026 Heard the parties.

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

"(i) For issuance of a writ in the nature of Mandamus for directing the concerned authority specially the respondent no.04 to comply the order dated 10.06.2022 contained in Annexure-P/5 passed by the learned D.C.L.R., Barsoi, Katihar in connection with B.L.D.R. Case No.30/2021-22 by

2/4 which and whereunder the learned D.C.L.R, i.e. the respondent no.03 Barsoi, Katihar held that admitting the claim of the petitioner. The possession of the plot of land in question was declared in his favour, (petitioner's favour) and further directed the respondent no.4 to ascertain to be measured the disputed plots of land as per the petitioner's registered sale deed by taking measurement cost to be deposited. It was further also directed to the said Authority i.e. the respondent no.4 to determine the illegal possession made by private respondent no.5 to 7 over the petitioner's purchased plots of the land to be removed if it was found, after the measurement that the private respondent nos.5 to 7 had illegally possessed over his (petitioner's) plots of land. (ii) For further issuance of a writ in the nature of mandamus in order to direct specially the respondent no.04 to remove/eject the illegal possession of the private respondent nos. 5 to 7 from the purchased plots of land of the petitioner as per the outcome of the measurement to be made

3/4 by the concerned authority.

(iii) For further issuance of an appropriate writ /writs, direction/directions to the concerned respondent authority to reinstate the petitioner over his purchased plots of land by removing the private respondents i.e. the respondent nos.5 to 7 who have illegally been possessing over the disputed plots of land."

3. Learned counsel for the petitioner submits that though the DCLR, Barsoi passed an order in BLDR Case No. 30/2021-22 (Dukhai Lal vs. Mangla Singh & Ors.) on 10.06.2022, the Circle Officer, Balrampur, Katihar is not acting as per the direction.

4. Learned State counsel, on query, submits that if no order has been passed, he/she (respondent no. 4, the Circle Officer, Balrampur, Katihar) shall be taking up the matter and after hearing the petitioner as also the respondent nos. 5 to 7/their heirs, shall be duty bound to take the matter to its logical conclusion.

5. In that background, the writ petition stands disposed of with the observation that if the petitioner files fresh representation before the concerned authority in line with the

4/4 direction given by the DCLR, Barsoi, he/she (respondent no. 4, the Circle Officer, Balrampur, Katihar) shall be duty bound to act in accordance with law as undertaken by the learned State counsel.

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

(Rajiv Roy, J) Adnan/- U