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Patna High Court

Sita Ram MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the writ petition is disposed of, directing the petitioner to file a proper mutation application with supporting documents before the Circle Officer.

Summary

The petitioner, Sita Ram Mandal, sought a writ of mandamus directing the revenue authorities to mutate certain parcels of land (Khata No.244 and Khata No.296) that were settled by his grandfather. The respondents, including the State of Bihar and various revenue officials, contended that a proper mutation application with supporting documents must be filed before the Circle Officer. The petitioner produced an annexure indicating that such a petition had been filed, but the Court noted that the petition was not yet complete. The Circle Officer affirmed that mutation cannot proceed without a proper application. The Court observed that the petitioner must file a complete petition with supporting documents within eight weeks and that the matter will then be taken to its logical conclusion. Consequently, the writ petition was disposed of, pending the filing of a proper application.

Issues considered

  • What is the requirement for a petitioner to obtain a mutation of land under revenue law?
  • Whether the failure to file a proper mutation application with supporting documents bars the issuance of a writ of mandamus.

Subjects

  • land mutation
  • writ of mandamus
  • revenue law
  • property rights
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.17979 of 2019
                 ======================================================
                 Sita Ram Mandal Son of Late Anandi Prasad Mandal Resident of Village-
                 Lathi, Ward No. 09, Post Office- Dumra, Police Station- Lathi, District-
                 Purnea (Bihar) Pin Code- 854204.
                                                                            ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through the Principal Secretary, Department of Revenue
                  and Land Reforms, Government of Bihar, Patna.
           2.    The District Magistrate, Purnea.
           3.    The Deputy Collector Land Reforms (D.C.L.R.), Dhamdaha, District-
                 Purnea.
           4.    The Circle Officer, Dhamdhaha, District- Purnea.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Jainendra Kumar, Advocate
                 For the Respondent/s   :       Mr. Md. Khursid Alam ( AAG-12 )
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   20-01-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief(s):

                                              “(i) That the writ in the nature of

                                  Mandamus or any writ, direction the respondent

                                  authority to mutate the land in respect of Khata

                                  No.244, Thana No.270, Tauzi No.1/1309, Khesra

                                  No.1110, Area 1 Acre 10 Decimal alongwith Khata

                                  No.296, Khesra No.1058, Tauzi No.1/1309 Area 1

                                  Acre 86 Decimals whereby and whereunder whose

                                  land was settled by the Ex-landlord namely

                                  Raghunath Bhagat in the name of petitioner’s grand-

                                  father through Sikmi (Bataidar).

                                              (ii) For any other relief(s) to which the
          Patna High Court CWJC No.17979 of 2019(4) dt.20-01-2026
                                                     2/2




                                    petitioner is entitled to.”

                                3. The Circle Officer, Bhawanipur has filed an affidavit

                    and he has taken a stand that if the petitioner desires to mutate the

                    subject land in his name, he ought to have submitted a proper

                    application before the Circle Officer.

                                4. Upon query, learned counsel for the petitioner has

                    taken this Court to annexure-4 to show that a petition was indeed

                    filed before the concerned officer.

                                5. Learned State counsel on the other hand submits that

                    a proper document alongwith supporting document must be there

                    so that the matter can be taken to its logical conclusion.

                                6. The Circle Officer, Bhawanipur has filed the affidavit

                    and in that background, learned counsel for the petitioner submits

                    that he shall be approaching the concerned officer with a proper

                    petition/supporting documents in next eight weeks. Needless to

                    add, if such petition is filed, the same has to be taken to its logical

                    conclusion.

                                7. The writ petition stands disposed of with aforesaid

                    observation.



                                                  (Rajiv Roy, J)
Adnan/-

U


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