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Patna High Court

Naseeb Lal SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Since the mutation order had already been set aside in the earlier case, the petitioner's grievance was deemed redressed and the writ petition was declared infructuous.

Summary

The petitioner, Naseeb Lal Singh, challenged a mutation order dated 11‑08‑2023 that granted land rights to a private respondent based on a sale deed he never executed. He sought certiorari to quash the mutation, cancel the jamabandi entry, order a police enquiry into alleged forgery, and claim constitutional violations of Articles 14, 21 and 300A. The respondents argued that the matter was already decided in a separate case (Neru Devi v. Circle Officer, Fathua) where the same mutation order had been set aside. The court noted that the counter‑affidavit showed the earlier order had indeed been vacated, thereby removing any live grievance for the petitioner. Consequently, the writ petition was held to be infructuous and was disposed, with liberty granted to the petitioner to approach the court again if a new dispute arises.

Issues considered

  • Whether the mutation order passed by the Circle Officer was illegal, fraudulent and violative of natural justice.
  • Whether the petitioner's constitutional rights under Articles 14, 21 and 300A were infringed by the issuance of the mutation.
  • Whether the writ petition remains maintainable after the same mutation order was set aside in the case of Neru Devi v. Circle Officer, Fathua.

Subjects

  • land mutation
  • fraudulent sale deed
  • certiorari
  • constitutional rights
  • property dispute
  • revenue law
  • natural justice

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.10705 of 2025
                 ======================================================
                 Naseeb Lal Singh Son of- Late Dev Charan Singh, Resident of - Gram-
                 Daulatpur, Post-Wo, P.S- Fathua, District- Patna.

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Additional Chief Secretary, Land Reforms and
                 Revenue Department.
           2.    The District Magistrate, Patna
           3.    The Additional Collector, Revenue, Patna.
           4.    The District Collector Land Reforms, Patna
           5.    The Circle Officer, Fathua
           6.    The Senior Superintendent of Police, Patna
           7.    The Superintendent of Police, x
           8.    The Station House Officer, fathua
           9.    Smt. Niru Devi Wife of- Kamlesh Kumar @ Kemas Singh Resident of-
                 Gram Daulatpur, P.O.- Gathochak, P.S.- Fathua, District- Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Ms.Akanksha Malviya, Advocate
                 For the Respondent/s   :         Mr.Standing Counsel (11)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   20-04-2026                   Heard Ms.Akanksha Malviya, learned counsel for

                   the petitioner and the State.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for issuance of a writ in the nature of

                                            Certiorari, of any other appropriate writ,

                                            order or direction, for quashing the order
Patna High Court CWJC No.10705 of 2025(2) dt.20-04-2026
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                                  11-08 2023 passed in Mutation Case No.

                                  7141 of 2022-23 by the Circle Officer,

                                  Fatuha, whereby mutation has been allowed

                                  in favour of the private respondent on the

                                  basis of Sale Deed No. 1498 dated

                                  18.03.2017, which was neither executed by

                                  the petitioner nor relates to the land mutated

                                  in the said order;

                                  (ii) for issuance of a writ in the nature of

                                  Certiorari, or any other appropriate writ,

                                  order or direction, directing the Circle

                                  Officer, Fatuha, to cancel the illegally

                                  created jamabandi entry (No. 4, Page 39) in

                                  the name of the private respondent and to

                                  restore the earlier jamabandi standing in the

                                  name of the petitioner with respect to the

                                  land bearing Khata No. 45, Khesra No. 59,

                                  Mauza Daulatpur;

                                  (iii) for issuance of a writ in the nature of

                                  Certiorari, or any other appropriate writ,

                                  order     or    direction   upon   the   District

                                  Magistrate, Patna and Superintendent of
Patna High Court CWJC No.10705 of 2025(2) dt.20-04-2026
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                                  Police (Rural), Patna to conduct a proper

                                  enquiry       for   fraudulent    production    of

                                  document in         Mutation Case No. 7141 of

                                  2022-23 and take appropriate legal action

                                  against those found responsible for forging

                                  the petitioner's identity and manipulating

                                  official records;

                                  (iv) for issuance of a writ in the nature of

                                  Certiorari, or any other appropriate writ,

                                  order or direction directing the local police

                                  authorities and revenue officials to ensure

                                  that    the     petitioner   is   not   unlawfully

                                  dispossessed or harassed with respect to his

                                  lawful possession over his land, pending

                                  adjudication of his rights;

                                  (v) to hold and declare the actions of the

                                  respondent authorities in entertaining and

                                  effecting a second mutation based on a

                                  fraudulent sale deed, without providing any

                                  opportunity of notice or hearing to the

                                  petitioner, and without scrutinizing the sale

                                  deed on which the order is based as
Patna High Court CWJC No.10705 of 2025(2) dt.20-04-2026
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                                  arbitrary, malafide, illegal and in gross

                                  violation of Articles 14, 21, and 300A of the

                                  Constitution of India;

                                  (vi) for awarding cost of litigation and

                                  compensation            for   the   harassment,

                                  inconvenience and legal injury suffered by

                                  the petitioner due to the fraudulent and

                                  arbitrary actions of the respondents;

                                  (vii) any such other order(s) or direction(s)

                                  as this Hon'ble Court may deem fit and

                                  proper in the facts and circumstances of the

                                  case

                       3. A counter affidavit has come on behalf of the

          respondent nos. 02 to 05 and learned State counsel has taken

          this Court to the order passed by the D.C.L.R. in M.A. No. 125

          of 2025-26 (Neru Devi vs. Circle Officer, Fathua) wherein the

          order passed by the Circle Officer, Fathua in Mutation Case No.

          7141 of 2022-23 has been set aside vide an order dted

          22.08.2025 (Annexure-R/3 to the counter affidavit).

                       4. In view of the aforesaid facts, since the grievance

          of the petitioner already stands redressed, writ petition has

          become infructuous.
         Patna High Court CWJC No.10705 of 2025(2) dt.20-04-2026
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                                5. Granting liberty to the petitioner to agitate the

                   matter afresh, if situation so warrant, the writ petition is

                   disposed of.




                                                 (Rajiv Roy, J)
Ravi/-

U


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