Patna High Court
Naseeb Lal SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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.
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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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