Patna High Court
Guddu SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the petitioner should first approach the Collector within eight weeks for redressal, and therefore disposed of the writ petition without ordering cancellation of the mutation or deed.
Summary
Guddu Singh filed a writ petition seeking the cancellation of a mutation and a registered deed concerning his land, alleging that the Circle Officer had illegally sold the property to other parties. He requested the court to direct the authorities to cancel the mutation, take action against the official who sold the land, and annul the deed dated 20-10-2021. The petitioner’s counsel argued that the grievance should be presented to the Collector of Vaishali for redress. The State counsel raised no objection to this approach. The High Court disposed of the petition, directing the petitioner to approach the Collector within eight weeks, after which the matter would be resolved by the concerned authorities.
Issues considered
- Whether the petitioner is entitled to a court order cancelling the mutation and the registered deed on the basis of alleged illegal sale
- Whether the court can direct the petitioner to approach the Collector for redressal before granting any substantive relief
Subjects
- land mutation
- illegal sale
- civil writ jurisdiction
- property dispute
- administrative law
- court disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10933 of 2023
======================================================
Guddu Singh Son of Late Naresh Singh, Resident of Village-Bishunpur
Bande, P.S.-Bhagwanpur, District-Vaishali, at presently residing at Mohalla-
Vidyasagar Park, 7th Lane, Kabitazim, Kolkata South 24 Parganas, West
Bengal Pin Code-700070.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Department of Land and Revenue, Govt. of Bihar,
Patna.
3. The District Magistrate-cum-Collector, Vaishali, Hajipur.
4. Addl. District Magistrate, Hajipur, Vaishali.
5. D.C.L.R. Hajipur, Vaishali.
6. S.D.O. Mahua, Vaishali.
7. Circle Officer, Goraul, Vaishali.
8. Gudiya Rani wife of Ram Pravesh Kumar, R/o Village Arijpur Ragho, P.s.
Kurhani, District-Muzaffarpur.
9. Pramila Devi, Wife of Awadhesh Singh, R/o village Vishunpur Bande, P.S.
Bhagwanpur, District Vaishali, Hajipur.
10. Mamta Devi Wife of Sonu Kumar, R/o village Vishunpur Bande, P.S.
Bhagwanpur, District Vaishali, Hajipur.
11. The Superintendent of Police, Hajipur, Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Mishra, Advocate
: Mr. Nilesh Kumar Nirala, Advocate
For the State : Mr. Raj Kishore Roy, GP-18
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 09-03-2026 Heard Mr. Dhananjay Mishra, learned counsel for
the petitioner and Mr. Viveka Nand Singh, learned AC to GP-18
representing the State.
2. The present petition has been preferred for the
grant of following relief(s):
Patna High Court CWJC No.10933 of 2023(4) dt.09-03-2026
2/3
“(i) to direct to the respondent
authorities especially to Circle Officer, Goraul
with respect to mutation of petitioner's land
bearing Khata No. 35, Khesra No. 993, 994,
2298 and 1000 under Mauza Vishunpur Bande
for which the respondent no. 08 has illegally
sold to respondent no. 09 and 10.
(ii) to direct the respondents
authorities to take appropriate action against
Respondent No. 08 who has illegally sold the
land of petitioner.
(iii) to cancel the mutation if it has
been done in favour of Respondent No. 09 and
10 to cancel the registered deed dated
20.10.2021.
(iv) for any other relief/reliefs for
which petitioner is entitled for.”
3. After some arguments, learned counsel for the
petitioner submits that he shall be approaching the Collector,
Vaishali at Hajipur (respondent no.3) in next eight weeks for the
redressal of the grievance.
4. Learned State counsel has no objection.
Patna High Court CWJC No.10933 of 2023(4) dt.09-03-2026
3/3
5. In that background, the writ petition is disposed of
allowing the petitioner to approach the concerned respondent in
in next eight weeks, who shall after noticing the parties shall be
taking the matter to its logical conclusion at an earliest.
(Rajiv Roy, J)
vinayak/-
U
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