Patna High Court
Tarkeshwar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
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
- Bihar Land Mutation Act, 2011 — s. 6(12)
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
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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
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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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