Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.349 of 2026 ====================================================== 1.

Pawan Kumar Son of Prakash Singh 2.

Jogindar Singh, S/o Late Ramdhin Singh 3.

Charitar Singh @ Charitar Mandal, S/o Late Sito Mandal, All Resident of Village-Dighaun, Ward No. 7, P.S.-Beldaur, DistrictKhagaria. ... ... 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 Director Land Records and Measurement, Directorate Gulzarbagh, Patna.

4.

The District Magistrate cum District Collector Khagaria, District-Khagaria, Bihar.

5.

The District Settlement Officer Khagaria, District-Khagaria, Bihar. 6.

The Additional Collector Revenue, Khagaria, District-Khagaria, Bihar. 7.

The Sub Divisional Officer Khagaria Sadar, District-Khagaria, Bihar. 8.

The Deputy Collector Land Reforms and Revenue Khagaria Sadar, DistrictKhagaria, Bihar. 9.

The Circle Officer, Khagaria Sadar, District-Khagaria, Bihar. 10.

The Circle Officer, Beldaur, Anchal-Beldaur, District-Khagaria, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Thakur, Advocate For the Respondent/s :

Mr.Mithilesh Kumar Sing,h AC to SC 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-01-2026 Heard Mr. Pramod Kumar Thakur, learned counsel appearing on behalf of the petitioners and Mr. Mitilesh Kumar Singh, learned counsel for the State.

2. Learned counsel appearing on behalf of the petitioners informs that the case of the petitioners is squarely

Patna High Court CWJC No.349 of 2026(2) dt.20-01-2026 2/2 covered by the judgment dated 06.01.2026 passed by this Court in CWJC No.20084 of 2025 (Birendra Kumar & Ors. Vs. The State of Bihar & Ors.), wherein it has been directed that the State Government in case disputes the title of the petitioners, the Government may avail remedy before the competent Civil Court for claiming their right and the possession over the land by filing a declaratory suit in view of the fact that the petitioners have long possession over the land.

3. Per contra Mr. Mithilesh Kumar Singh, learned counsel for the State submitted that the writ petition is premature as the survey is still continuing and if the petitioners are aggrieved in any manner by the action of any of authorities in course of the ongoing survey, they may avail remedy as per the Bihar Special Survey and Settlement Act, 2011.

4. The writ petition is allowed for the reasons as has been given in judgment dated 06.01.2026 passed in CWJC No.20084 of 2025 (Birendra Kumar & Ors. Vs. The State of Bihar & Ors.).

(Purnendu Singh, J) chn/- U