Patna High Court
Dewesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court ordered the Additional Chief Secretary to enforce the mutation revision order and to take appropriate action against the non‑compliant Circle Officers, thereby granting the relief sought.
Summary
The petitioner, Dewesh Kumar Singh, filed a writ petition seeking a mandamus directing the Circle Officer of Vijaypur to implement a mutation revision order (Case No. 05/2025) that had been approved by the Collector of Gopalganj and affirmed by the High Court in CJWC No. 9916/2007. The petitioner alleged that, despite the Collector’s order dated 24‑05‑2007 and the High Court’s judgment of 02‑12‑2009, the Circle Officer had taken no action for more than 19 years, forcing repeated representations. The State argued that the Circle Officer was on strike and that disciplinary action was pending. The Court held that the inaction of the Circle Officers warranted judicial interference and directed the Additional Chief Secretary, Department of Revenue and Land Reforms, to ensure compliance with the mutation order, to summon relevant land records, and to take appropriate action against the errant officers. The Court further ordered that a copy of the order be communicated to the General Administration Department and disposed of the writ petition.
Issues considered
- Whether the High Court can issue a mandamus directing a Circle Officer to comply with a mutation revision order issued by the Collector.
- Whether the State must take disciplinary action against Circle Officers for failure to implement the court‑approved mutation order.
Subjects
- mutation
- land reforms
- mandamus
- circle officer
- land records
- Article 300A
- writ jurisdiction
- disciplinary action
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1376 of 2026
======================================================
Dewesh Kumar Singh S/o- Dinanath Singh, Resident of Village- Khad Gali
Sarju Singh Marg, P.S.- Deoriya, District- Deoria, (U.P.)
... ... Petitioner/s
Versus
1. The State of Bihar through the Commissioner -cum- Secretary, Land
Reforms Department, Old Secretariat, Government of Bihar, Patna.
2. The Collector, Gopalganj.
3. The Deputy Collector, Land Reforms Hathua, Gopalganj.
4. The Circle Officer, Vijaypur, Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pritish Ranjan, Advocate
For the Respondent/s : Mr. Rewti Kant Raman, AC to SC 11
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 03-02-2026 Heard Mr. Pritish Ranjan, learned counsel appearing
on behalf of the petitioner and Mr. Rewti Kant Raman, learned
AC to SC 11 for the State.
2. Petitioner has inter alia prayed for following reliefs
in the paragraphs No.1 of the writ petition:-
“I. That this is an application for issuance of
writ/s in the nature of mandamus directing the respondent
authority specially respondent no.4 to comply the order
passed in mutation revision case no.-05/2025 by which the
learned Collector Gopalganj has pleased to allow the
revision case which was affirmed by the Hon’ble High
Court in CJWC No.9916/2007.
II. To issue of a writ in the nature of mandamus
directing the respondent no.-2 and 3 to take appropriate
action against responsible person who had not obeyed the
order of Hon’ble High Court as well as Collector.
III. For any other relief/reliefs for which the
petitioner is entitled too.”
Patna High Court CWJC No.1376 of 2026(2) dt.03-02-2026
2/4
3. It is made clear that incorrect Mutation Revision
Case No. 05 of 2005 has been mentioned in the relief portion in
place of Mutation Revision Case No. 05 of 2025.
4. The brief facts of the case are that one Akhilesh
Kumar Singh filed Mutation Case No. 420/2000–2001 before
the Circle Officer, Vijaypur, on the basis of which Jamabandis
were created in respect of lands of Mauja Sande (Thana No. 01,
Jamabandi No. 278), Mauja Kharitya (Thana No. 20, Jamabandi
No. 243) and Mauja Sabya (Thana No. 18, Jamabandi Nos. 259,
275, 277, 281, 319, 77 and 75) being aggrieved, the petitioner’s
uncle, Bibhuti Narayan Singh, preferred Jamabandi Appeal Case
No. 25/2005–2006 before the Deputy Collector Land Reforms,
Hathua, which was dismissed on 05.12.2005, whereafter he filed
Jamabandi Revision Case No. 05/2005 before the Collector,
Gopalganj, which was allowed, setting aside the orders of the
Circle Officer and the DCLR and remitting the matter to the
Circle Officer, Vijaypur, for fresh decision in accordance with
law. The said revisional order was challenged by one Akhilesh
Kumar Singh by filing CWJC No. 9916/2007, which was
dismissed by the Co-ordinate Bench of this court vide order
dated 02.12.2009, yet despite the orders of this Court, and the
Collector, Gopalganj, the Circle Officer has failed to take any
Patna High Court CWJC No.1376 of 2026(2) dt.03-02-2026
3/4
action till date, compelling the petitioner to make repeated
representations.
5. Learned counsel appearing on behalf of the State
submitted that the Circle Officer concerned has gone on strike in
spite of the strict direction of the Government that action will be
taken against him.
6. The petitioner is aggrieved that no action has been
taken in compliance of the order of this Court and order of the
Collector, Gopalganj. The Circle Officer has failed to take any
action till date. I find that the present is the fit case, in which all
the Circle Officers who were posted at Vijaypur Circle,
Gopalganj from the date the petitioner has applied for mutation
are required to be dealt with in accordance with the law for
having not complied with the order dated 24.05.2007 passed by
the Collector, Gopalganj and the petitioner has been forced to
resort remedy of appeal after waiting for a period of more than
19 years. The inaction on the part of the concerned Circle
Officers calls for interference of this Court.
7. The Additional Chief Secretary, Department of
Revenue and Land Reforms, Government of Bihar is directed to
take appropriate action and see that the petitioner should not be
deprived of his constitutional right as enshrined under Article
Patna High Court CWJC No.1376 of 2026(2) dt.03-02-2026
4/4
300 A of the Constitution of India. He is further directed to call
for the records relating to the land in question and at the same
time, the details of all the Circle Officers, who were holding the
Circle Office Vijaypur, Gopalganj, from the date the petitioner
has applied for mutation till the present writ petition has been
filed and see that the relief as sought for in the present writ
petition is redressed forthwith in accordance with law.
8. Let a copy of this order be communicated to the
Additional Chief Secretary, Department of Revenue and Land
Reforms as well as, General Administration Department for
taking appropriate action in accordance with law.
9. The writ petition, accordingly, stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U
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