Disposed¶27

Udho Mehta v. The State Of Bihar and Ors.

Patna HC7 Aug 2025CWJC/12939/2016

Case brief

AI extract

What is this about?

Keywords: fresh land measurement; Bihar Tenancy (Amendment) Rules, 2023; Circle Officer Puraini Anchal Madhepura; encroachment removal; raiyati land; Khata No. 309; Khesra Nos. 1818-1822 and 1827; Mauza Laxmipur; Thana No. 142; village road construction; Udho Mehta v. State of Bihar; Patna High Court CWJC No.12939 of 2016; order dated 07-08-2025; disposition - disposed of with two-month timeline; judge - Alok Kumar Sinha.

What did the court decide?

Writ application disposed of by directing the Circle Officer, Puraini Anchal, District-Madhepura (respondent no. 4) to carry out a fresh measurement of the land in question in the presence of the petitioner in accordance with Bihar Tenancy (Amendment) Rules, 2023, within two months from the date of the order. ¶27

Udho Mehta Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should be directed to measure the petitioner's raiyati land (Khata No. 309, Khesra Nos. 1818-1822, Thana No. 142, Mauza-Laxmipur, P.S. Puraini, District-Madhepura) and make it free from encroachment. +1 more

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Ratio / Principle

On the joint request of the parties, the writ application is disposed of directing the Circle Officer, Puraini Anchal, District-Madhepura (respondent no. 4) to carry out a fresh measurement of the land in question in the presence of the petitioner, in accordance with Bihar Tenancy (Amendment) Rules, 2023.

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Key takeaways

The entire measurement exercise must be carried out within a period of two months from the date of the order.ratio¶27
With the aforesaid observation/direction the writ application is disposed of and all pending interlocutory application(s), if any, are deemed to have been disposed of.ratio¶30

Detailed headnote1 paragraphs

Patna High Court (Alok Kumar Sinha, J), disposing of CWJC No.12939 of 2016 (order dated 07-08-2025): Udho Mehta had sought directions to the respondents to measure his raiyati land (Khata No. 309, Khesra Nos. 1818-1822, total area 15 decimals, Thana No. 142, Mauza-Laxmipur, P.S. Puraini, District-Madhepura) and to free it from alleged encroachment said to be for constructing a village road on Khata No. 309, Khesra No. 1827. On the joint request of counsel for the petitioner and the respondent-State, the Court directed the Circle Officer, Puraini Anchal, District-Madhepura (respondent no. 4) to carry out a fresh measurement of the land in question in the presence of the petitioner in accordance with the Bihar Tenancy (Amendment) Rules, 2023, the entire exercise to be completed within two months from the date of the order. All pending interlocutory applications were deemed disposed of. No precedent was cited and no adverse order under challenge is identified in the judgment text.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12939 of 2016

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Udho Mehta Son of - Late Basudeo Mehta, Resident of Village- Ganeshpur, P.S.- Puraini, District- Madhepura.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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The District Magistrate, Madhepura.

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The Sub-Divisional Officer, Udakishunganj, District- Madhepura.

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The Circle Officer, Purani Anchal, District- Madhepura.

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The S.H.O. Purani Police Station, District- Madhepura.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Sanjeev Kumar, Adv For the Respondent/s : Mr. Sajid Salim Khan-SC-25

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

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6 07-08-2025

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Heard learned counsel for the petitioner and learned

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counsel for the respondent-State.

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2. In the present writ application, the petitioner has prayed for the grant of following reliefs:

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(i) For issuance of an appropriate writ directing/commanding the respondents to measure the land of petitioner bearing Khata No. 309, Khesra No. 1818, 1819, 1820, 1821 and 1822, total Area 15 decimals of Mauza- Laxmipur, Thana No. 142, P.S.Purani, District-Madhepura which is being encroached for constructing a village road on Khata No. 309, Khesra No. 1827.

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Patna High Court CWJC No.12939 of 2016(6) dt.07-08-2025

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2/3

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(ii) For issuance of an appropriate writ directing/commanding the respondents to make free from the encroachment of the petitioner's land of Khata no. 309, Khesra No. 1818, 1819, 1820, 1821 and 1822 of Thana No. 142, situated at Mauza-Laxmipur, P.S. Puraini, District-Madhepura which is his raiyati land.

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(iii) Any other relief or reliefs for which the petitioner is entitled under law as well as on fact.

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3. Learned counsel for the petitioner as well as learned counsel for the respondent-State jointly submit that a fresh measurement of the land in question may be directed to be carried out by the Circle Officer, Puraini Anchal, DistrictMadhepura in the presence of the petitioner in accordance with Bihar Tenancy (Amendment) Rules, 2023.

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4. Considering the joint request of the parties, the present writ application is disposed of directing the Circle Officer, Puraini Anchal, District- Madhepura (respondent no. 4) to carry out a fresh measurement of the land in question in the presence of the petitioner, in accordance with Bihar Tenancy (Amendment) Rules, 2023. This entire exercise must be carried out within a period of two months from the date of this order.

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5. With the aforesaid observation/direction, this writ

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Patna High Court CWJC No.12939 of 2016(6) dt.07-08-2025 3/3

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application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.

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(Alok Kumar Sinha, J)

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kiran/-

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Udho Mehta v. The State Of Bihar and Ors.

Case brief

What is this about?

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Udho Mehta v. The State Of Bihar and Ors.

Case brief

What is this about?

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What the court decided

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Statutes considered

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