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Patna High Court

Tarkeshwar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is infructuous and dismissed because the mutation application was already rejected under Section 6(12) of the Bihar Land Mutation Act, 2011 due to a pending suit.

Summary

The petitioner filed a writ petition seeking a mandamus directing the revenue authorities to consider his applications dated 16-07-2021 and 23-07-2021 for mutation of his name on the land and to issue a Jamabandi in his favour. The revenue authorities had already disposed of the mutation application on 18-08-2021, dismissing it on the ground that a title suit (Suit No. 465 of 2014) was pending. The petitioner argued that the dismissal was erroneous, but the court noted that under Section 6(12) of the Bihar Land Mutation Act, 2011, mutation cannot be entertained while a suit is pending. Consequently, the writ petition was held to have become infructuous. The court disposed of the petition without further order, directing the petitioner to approach the appropriate authority after the pending suit is resolved.

Issues considered

  • Whether a writ of mandamus can be issued directing mutation of land when a title suit is pending under the Bihar Land Mutation Act, 2011.
  • Whether the writ petition remains maintainable after the mutation application has been dismissed on the ground of a pending suit.

Legislation cited

Subjects

  • land mutation
  • mandamus
  • pending suit
  • Bihar Land Mutation Act
  • Jamabandi
  • writ jurisdiction
  • title suit

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.13965 of 2021
     ======================================================
     Tarkeshwar Singh Son of Late Birendra Singh, Resident of Village-Kuwarpur,
     P.S.-Pipra, District-East Champaran, Motihari.

                                                           ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through the Principal Secretary, Revenue and Land
     Reform Department, Govt. of Bihar, Patna.
2.   The Principal Secretary, Revenue and Land Reform Department, Govt. of
     Bihar, Patna.
3.   The Collector/District Magistrate, East Champaran, Motihari.
4.   The Addl. Collector, East Champaran, Motihari.
5.   The Anchaladhikari, Chakia, District-East Champaran, Motihari.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Sharda Nand Mishra, Advocate
     For the Respondent/s   :     Mr. Raj Kishore Roy (Gp18)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
     ORAL JUDGMENT
      Date : 13-03-2026
              Heard the learned counsel for the parties.

                 2. This writ application has been filed for issuance of

     writ in the nature of mandamus for direction of respondents to

     consider the application dated 16.07.2021 and 23.07.2021 filed by

     the petitioner for mutation of his name over the land of the

     petitioner and further for issuance of direction to the respondents

     to consider the application of the petitioner and upon mutation

     create the Jamabandi in the name of the petitioner and to further

     give other legal consequential benefits to the petitioner.

                 3. Learned counsel for the petitioner submits that

     initially the petitioner had approached this Court for a direction to
Patna High Court CWJC No.13965 of 2021 dt.13-03-2026
                                           2/3




       the respondent-authorities to upon the Jamabandi in the name of

       the petitioner with respect to the said land. It has been fairly

       submitted by the learned counsel for the petitioner that the counter

       affidavit filed on behalf of respondents no. 3 to 5 suggests that

       during the pendency of this application the final order with respect

       to the mutation application has been passed on 18.08.2021 and the

       same has been brought on record by way of Annexure-B.

                    4. The learned AC to GP-18 submits that from perusal of

       Annexure-B, it would be evident that the application for mutation

       has been dismissed on the ground that there is a suit pending

       bearing Title Suit No. 465 of 2014. It has been submitted that in

       view of the statutory provisions that no application would be

       maintainable as per Section 6(12) of the Bihar Land Mutation Act,

       2011 during the pendency of a suit, the present application is

       misconceived.

                    5. Having heard the learned counsel for the parties and

       taking into account the fact that the application initially was filed

       for a direction for passing orders in the application filed by the

       petitioner and in view of the final order having been passed

       rejecting the application, the present application has lost its effect.
             Patna High Court CWJC No.13965 of 2021 dt.13-03-2026
                                                        3/3




                                 6. In view of the specific provisions of law, no further

                    order is required to be passed especially for the fact that the

                    application filed by the petitioner has already been disposed of.

                                 7. In view of the above, the present application has

                    become infructuous for the present.

                                 8. The application stands disposed of accordingly.

                                 9. The petitioner has the liberty to move before the

                    appropriate authority ones the Title Suit No. 465 of 2014 is

                    disposed of.



                                               (Sourendra Pandey, J)
krishna/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          13.03.2026
Transmission Date


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