Created by Fuzzy Cloud

Patna High Court

Md. AllauddinversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The Court directed the Circle Officer to hand over the certified copies of the two mutation orders by 17 January 2026, failing which the petitioner may initiate contempt proceedings.

Summary

The petitioner, Md. Allauddin, filed a writ petition seeking a mandamus directing the Circle Officer, Kadwa, to supply certified copies of mutation order sheets (cases 164/1990‑91 and 165/1990‑91) that he had requisitioned on 4‑April‑2011 but had not received. The respondents claimed the files had been traced and the petitioner was informed, but no written communication was produced and the petitioner alleged he was not given the copies. The Court noted the lack of evidence that the petitioner was notified or that the copies were handed over, and found that the administrative duty to provide the certified copies remained unfulfilled. Consequently, the Court ordered the Circle Officer to deliver the copies by 17 January 2026 and warned that failure to comply would permit the petitioner to file a contempt petition. The order was passed under the presumption that the copies had not yet been provided.

Issues considered

  • Whether the failure of the Circle Officer to provide certified copies of mutation orders constitutes a breach of a statutory duty justifying the issuance of a writ of mandamus.
  • Whether the petitioner is entitled to a mandamus directing the respondents to supply the requested documents.
  • What remedial measures, including contempt proceedings, are appropriate if the respondents do not comply with the mandamus.

Subjects

  • writ of mandamus
  • mutation records
  • certified copy
  • contempt of court
  • administrative duty
  • public office

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.15154 of 2014
                 ======================================================
                 Md. Allauddin Son of Late Haji Taiyab Ali resident of village Kantadih, P.S.
                 Kadwa, Distt. Katihar

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State Of Bihar
           2.    The Divisional Commissioner, Purnea Division, Purnea
           3.    The Collector, Katihar
           4.    The Circle Officer Kadwa, Distt. Katihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Bhola Prasad, Advocate
                 For the Respondent/s   :      Mr. Sitaram Yadav, GP-16
                                               Mr. Yatindra Narayan, AC to GP-16
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   13-01-2026                 Heard Mr. Bhola Prasad, learned counsel for the

                   petitioner and the State.

                               2. The present petition has been preferred for the

                   following relief(s):

                                             “for issuance of a writ of Mandamus

                                  directing the respondents concerned to supply the

                                  certified copy of while order sheet of mutation case

                                  No 164/1990-91 and 165/1990-91 for which he

                                  filed requisition on 4.4.2011 in the office of C.O

                                  kadwa but till date the same has not been supplied

                                  to him and he has been compelled for running from

                                  pillar to post.
Patna High Court CWJC No.15154 of 2014(4) dt.13-01-2026
                                              2/3




                                       And for any other relief(s) for which the

                          petitioner     is     found     to   be   the   facts   and

                          circumstances of the case.”

                      3. It is unfortunate that even for getting certified copy

          of an order, one has to approach this Court. Worse is the

          counter-affidavit filed on behalf of the Circle Officer, Kadwa,

          according to which, the files of Mutation Case No. 164 of 1990-

          91 and Mutation Case No. 165 of 1990-91 have been traced and

          the petitioner was informed but he failed to come and receive

          the certified copies.

                      4. The details of the petitioner is/was available with

          the office and it is not the case of the Circle Officer that

          information was given in writing/by post. The counter-affidavit

          also is silent on the point of the mode of communication with

          the petitioner.

                      5. The State-counsel office has done no better by not

          providing copy of the said counter-affidavit to the learned

          counsel for the petitioner though it was filed in the year 2019.

                      6. Instead of keeping the writ petition pending, the

          same is disposed of directing the Circle Officer, Kadwa

          (respondent no. 4) to handover the copies of the two orders of

          the Mutation Case No. 164 of 1990-91 and Mutation Case
          Patna High Court CWJC No.15154 of 2014(4) dt.13-01-2026
                                                     3/3




                    No. 165 of 1990-91 by 17th of January, 2026 if still not

                    provided.

                                7. Failure to do so, the petitioner shall be free to file

                    contempt petition on 19.01.2026 so that appropriate order is

                    passed in the matter.

                                8. Learned State counsel, Mr. Yatindra Narayan, AC

                    to GP-16 undertakes to inform the Circle Officer, Kadwa about

                    the order today itself.

                                9. The order has been passed under the presumption

                    that the copies of the order have not been provided to the

                    petitioner. If the same have been provided, no further step is to

                    be taken.



                                                  (Rajiv Roy, J)
Adnan/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.