Patna High Court
Smt. Kamla SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The Court ordered the Municipal Commissioner to decide the mutation application within two months, without adjudicating the merits of the parties' claims.
Summary
Smt. Kamla Singh, claiming to be the legal heir of her deceased brother, filed a writ petition seeking mutation of two flats owned by her brother. The brother and his wife died childless, and the petitioner applied to the Patna Municipal Corporation, which has not yet decided the mutation. Respondents 7 and 8 objected, asserting that a will in their favour exists and that letters of administration are pending before the District Judge. The High Court, without examining the merits, directed the Municipal Commissioner to decide the mutation application within two months and to provide an opportunity for both parties to be heard. The Court also scheduled a hearing on 9 April 2026 for further affidavits and arguments.
Issues considered
- Whether the High Court can order the municipal corporation to decide the petitioner's mutation application despite pending objections and pending letters of administration.
- Whether the petitioner is entitled to mutation of the flats as the legal heir under the Hindu Succession Act.
Legislation cited
- Hindu Succession Act, 1956 — s. Schedule II
Subjects
- mutation of property
- succession
- heirship
- will
- letters of administration
- municipal corporation
- writ jurisdiction
- legal heir
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1505 of 2026
======================================================
Smt. Kamla Singh W/o-Late Kameshwar Singh, R/o Village-Mukundpur,
P.S.-Ekma, District-Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Chief Secretary, Govt. of Bihar, Patna.
3. The Additional Chief Secretary, Housing and Urban Development
Department, Bihar, Patna.
4. The Municipal Commissioner, Patna Municipal Corporation, Patna.
5. The Executive Officer, New Capital Circle, Patna Municipal Corporation,
Veerchand Patel Path, Patna.
6. The Executive Officer, Patna Municipal Corporation, Patliputra Circle,
Sinha Library Road, Patna.
7. Dr. Shyam Priya Sharan Singh S/o Late Bhagwat Singh, R/o 40-B, Sahdev
Mahto Marg, Near Santusti Hotel, S.K. Puri, P.O. and P.S.- S.K. Puri,
District- Patna.
8. Ram Priya Sharan Singh S/o Late Bhagwat Singh, R/o 40-B, Sahdev Mahto
Marg, Near Santusti Hotel, S.K. Puri, P.O. and P.S.- S.K. Puri, District-
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhojot Singh, Advocate
Mr. Mohit Ranjan, Advocate
For the State : Mr. Government Pleader (11)
For the PMC : Mr. Jawed Gaffar Khan, Advocate
For Resp. nos.7 & 8 : Mr. Sunil Kumar Karn, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 03-04-2026 Heard learned counsel for the petitioner, learned
counsel for the Patna Municipal Corporation and learned
counsel for the respondent nos. 7 and 8.
2. The petitioner has filed the instant application for
the following reliefs:
“1. i. To direct the Executive
Patna High Court CWJC No.1505 of 2026(3) dt.03-04-2026
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Officer, New Capital Circle, Patna
Municipal Corporation, Veerchand
Patel Path, Patna to mutate Flat No.-
33, Vaibhav Apartment, Budhmarg,
Patna in the name of petitioner.
ii. To direct the Executive
Officer, Patlipura Circle, Patna
Municipal Corporation, Sinha Library
Road, Patna to mutate Flat No. 302,
Tulsi Ramayan Apartment, Baluper,
Digha, Patna in the name of
petitioner.
And/or Pass any such
order(s) which Your Lordships may
think fit and proper to the facts and
circumstances of the case.”
3. The case of the petitioner in brief is that the brother
of the petitioner was the owner of the two flats, description of
which has been given in paragraph no.1 of the writ application,
quoted herein above. The petitioner’s brother and his wife who
were both issueless having died on 5.2.2024 and 8.10.2023
respectively, the petitioner who claims to be the legal heir of the
brother as per Schedule II of the Hindu Succession Act, 1956
filed an application before the Patna Municipal Corporation,
however the same has not been decided by the Corporation. As
such the instant writ application.
Patna High Court CWJC No.1505 of 2026(3) dt.03-04-2026
3/4
4. Learned counsel for the Corporation submits that
an objection has been filed to the application filed by the
petitioner by respondent nos.7 and 8. The contents of the
objection is that the brother of the petitioner as also his brother’s
wife had executed a will in favour of respondent nos.7 and 8.
Further referring to the order-sheet brought on record as
Annexure-R/9 to the counter affidavit filed on behalf of the
respondent nos.7 and 8, it is submitted that the private
respondents have filed Letters of Administration Case no.77 of
2025 for grant of letters of administration with respect to the last
will executed by the petitioner’s brother in their favour and the
same is pending consideration in the Court of the learned
Principle District Judge, Patna.
5. Without going into the merits of the case of the
parties, the fact not in dispute is that the brother of the petitioner
having died on 5.2.2024, the two flats owned by him and fully
described in paragraph no.1 were left behind. The application
for mutation filed by the petitioner to which an objection has
been filed by respondent nos.7 and 8 still remains to be decided
by the Corporation.
6. In view of the facts and circumstances of the case,
the instant writ application is disposed of directing the
Patna High Court CWJC No.1505 of 2026(3) dt.03-04-2026
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Municipal Commissioner, Patna Municipal Corporation, Patna
(respondent no.4) to decide the application filed by the
petitioner for mutation of the property in question of the
deceased brother of the petitioner within a period of two months
from today.
7. It is made clear that this Court has not gone into the
merits of the case of the parties which is to be decided by the
respondent concerned.
8. The respondent no.4 shall give an opportunity of
filing further affidavit and also of hearing to both the petitioner
who has filed the application for mutation as also to respondent
nos.7 and 8 who have filed the objection to the same.
9. Both the petitioner and the respondent nos.7 and 8
shall appear through their counsel before the respondent no.4 on
9.4.2026 at 11:00 am when they will be intimated the next date
of hearing.
(Partha Sarthy, J)
sauravkrsinha/-
U
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