Disposed¶39

Vidiya Sagar @ Vidyasagar v. The State of Bihar

Patna HC21 Apr 2026CWJC/5171/2026

Case brief

AI extract

What is this about?

Patna High Court, Rajiv Roy, J.; CWJC No.5171 of 2026, decided 21-04-2026. Land demarcation and possession, East Champaran; implementation of DCLR/LRDC Areraj order dated 17.02.2022 in Land Dispute Redressal Case No.16/2021-22; 5.53 decimal, khata No.89, khesara No.668; inaction of Circle Officer, Areraj (respondent No.5) for three years; writ of mandamus; compliance direction within two months; private respondents Sahani, Thakur and Sah; no costs or monetary quantum.

What did the court decide?

Writ petition disposed of with a direction to the Circle Officer, Areraj, East Champaran (respondent No.5) to look into the matter, notice all parties, fix a date and act strictly in terms of the direction of the D.C.L.R., Areraj, East Champaran, preferably within two months of receipt of the copy of the order. ¶39

Vidiya Sagar @ Vidyasagar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing respondent No.5, the Circle Officer, Areraj, East Champaran, to implement the order dated 17.02.2022 of the Land Reform Deputy Collector, Areraj, by demarcating the land (5.53 decimal, khata No.89, khesara No.668), determining its boundaries and granting possession to the petitioner.

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Court's answer

The order passed by the D.C.L.R., Areraj, East Champaran still holds ground, as it has not been annulled and/or set aside.

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Ratio / Principle

The Circle Officer, Areraj, East Champaran is duty bound to take note of the direction issued by the superior authority and act accordingly so that the matter is taken to its logical conclusion; his failure to act for about three years was deprecated by the Court.

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Key takeaways

The writ petition is disposed of directing the Circle Officer, Areraj, East Champaran to look into the matter, notice all the parties, fix a date and do the needful strictly as per the direction given by the D.C.L.R., Areraj, East Champaran, preferably within a period of two months from the date the petition along with the copy of the order is received in his/her office.ratio¶41

Detailed headnote1 paragraphs

Mandamus - non-implementation of order dated 17.02.2022 of the Land Reform Deputy Collector, Areraj (Land Dispute Redressal Case No.16/2021-22) directing that 5.53 decimal of land in khata No.89, khesara No.668 be marked and demarcated and possession granted - Circle Officer, Areraj, East Champaran failed to act for three years despite the direction of the superior revenue authority - the D.C.L.R.'s order not having been annulled or set aside still holds ground - writ petition disposed of directing the Circle Officer to look into the matter, notice all parties, fix a date and do the needful strictly as per the D.C.L.R.'s direction, preferably within two months of receipt of the copy of the order.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5171 of 2026

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Vidiya Sagar @ Vidyasagar Son of Late Pramanand Mishra, Resident of village- Pipra, Ward No.- 2, Police Station- Govindganj, District- East Champaran.

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... ... Petitioner/s

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Versus

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The State of Bihar Through the Principal Secretary, Land and Revenue Department Government of Bihar.

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The Commissioner Tirhut Division, Muzaffarpur.

The Land Reform Deputy Collector, Motihari, East Champaran.

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The Sub Divisional Officer, Motihari, East Champaran.

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The Circle Officer, Block- Areraj, Motihari, East Champaran.

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Videshi Sahani, Son of Late Narsing Sahani Resident of village- Jitwarpur Nayka Tola, Police Station- Govindganj , District- East Champaran.

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Chandrika Sahani, Son of Late Shivbachhan Sahani Resident of villageJitwarpur Nayka Tola, Police Station- Govindganj , District- East Champaran.

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Brijkishor Thakur, Son of Late Jamarnath Thakur Resident of villageJitwarpur Nayka Tola, Police Station- Govindganj , District- East Champaran.

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Hira Lal Sah, Son of Rajendra Sah Resident of village- Jitwarpur Nayka Tola, Police Station- Govindganj , District- East Champaran.

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... ... Respondent/s

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======================================================

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Appearance : For the Petitioner/s : Ms.Kumari Akanksha Rai Advocate For the Respondent/s : Mr.Ramadhar Singh, G.P. (25) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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2 21-04-2026 Heard Ms.Kumari Akanksha Rai, learned counsel

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for the petitioner and the State.

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The present petition has been preferred for the

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following relief/s:

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(i) for issuance of writ in nature of mandamus directing the respondent No.5 to

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Patna High Court CWJC No.5171 of 2026(2) dt.21-04-2026 2/4

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execute /implement the order dated 17.02.2022 passed by Respondent No.3, the

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court of Land Reform Deputy Collector Areraj East Champaran in case No. Land Dispute redressal case No.16/2021-22, where by the land measuring 5.53 decimal situated at khata No.89, khesara No.668 Area- 5.53 decimal shall be marked and demarcation should be conducted;

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(ii) to direct the respondent No.5 to determines the boundaries of the land in question and grant possession of the land to the petitioner as stated by the order of the L.R.D.C. the respondent No.3;

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(iii) to grant any other relief/ reliefs for which the petitioner should be found entitled in the facts and circumstances of this case.

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The matter relates to a land has already been recorded in paragraph-1 and need no repetition.

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On 07.07.2022, the case of Land Dispute Redressal Case No. 41/2022-23 (Paritosh Kumar Tiwary vs. Ratnakar Pandey)

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Patna High Court CWJC No.5171 of 2026(2) dt.21-04-2026 3/4

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The Deputy Collector, Land Reforms, Areraj directed the Circle Officer, Areraj to take appropriate steps for measurement as also possession of the petitioner.

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The case of the petitioner is that the Circle Officer, Areraj, East Champaran (respondent no.5) has filed to act in the matter.

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Learned State Counsel submits that if the same has not been disposed of, it will be taken care of immediately.

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Having heard the parties, this Court is of the opinion that an order has been passed by the D.C.L.R., Areraj, East Champaran, the case of the petitioner is that the same still holds ground inasmuch as it has not been annulled and/or set aside.

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In that background, it is surprising that for three years, the Circle Officer, Areraj, East Champaran has failed to act in the matter. He is duty bound to take note of the direction issued by the superior authority and act accordingly so that the matter is taken to its logical conclusion.

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In that background, the writ petition is disposed of directing the concerned respondent, the Circle Officer, Areraj, East Champaran to look into the matter and notice all the

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Patna High Court CWJC No.5171 of 2026(2) dt.21-04-2026 4/4

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parties, fixed the date and accordingly do the needful strictly as per the direction given by the D.C.L.R., Areraj, East Champaran preferably within a period of two months from the date the petition alongwith the copy of the order is received to his/her office.

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(Rajiv Roy, J)

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Ravi/-

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Vidiya Sagar @ Vidyasagar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vidiya Sagar @ Vidyasagar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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