Patna High Court
Mohammad Ainul HaqversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is dismissed as infructuous because the order cancelling the mutation has been annulled by the Commissioner, and any further grievance must be pursued before the concerned authority.
Summary
Petitioner Mohammad Ainul Haq filed a writ petition seeking a mandamus directing the revenue authorities to restore his mutation (Case No. 310/2017-18) which had been cancelled online on the basis of an order dated 27.06.2023 and a subsequent letter, without notice or an opportunity to be heard. He claimed ownership of 14 decimals of land purchased in 2014 and argued that the cancellation violated his constitutional right to property. The State counsel submitted that the cancellation order had been set aside by the Commissioner, Munger, rendering the petition infructuous, although the Commissioner’s order was not on record. The Court observed that if the cancellation has indeed been annulled, the petitioner should approach the concerned authority for any execution issues, and consequently dismissed the writ petition as no longer maintainable.
Issues considered
- The petitioner's right to a mandamus for restoration of mutation after the cancellation order was allegedly set aside.
- Whether the writ petition becomes infructuous when the impugned order has been annulled by a higher authority.
- Whether the petitioner can seek relief from the court when the administrative remedy remains available.
Subjects
- mutation
- land reform
- mandamus
- property right
- administrative order
- high court
- writ petition
- cancellation of mutation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18093 of 2023
======================================================
Mohammad Ainul Haq S/o Late Mohammad Gafur, Resident of Village and
P.O. Chandradip, P.S. Chandradip, District- Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Govt. of Bihar, Patna.
2. The Divisional Commissioner, Munger.
3. The Collector, Jamui.
4. The Additional Collector, Jamui.
5. The Deputy Collector, Land Reforms, Jamui
6. The Circle Officer, Islamnagar Aliganj, Jamui.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Renu Kumari, Advocate
For the Respondent/s : Mr.Mujtabul Haque, GP-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 24-03-2026 Heard Mrs. Renu Kumari, learned counsel for the
petitioner and the State.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of a writ of Mandamus or
any other appropriate writ / writs, order /
orders, direction /directions commanding the
concerned respondents to restore Mutation
of the petitioner established vide Mutation
Case No. 310/2017-18, which has been
cancelled online stating reason that the same
Patna High Court CWJC No.18093 of 2023(2) dt.24-03-2026
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has been cancelled in light of order dated
27.06.2023 of the Collector, Jamui passed in
Jamabandi Cancellation Case No. 06/2022-
23 and in light of Letter No. 1422/jojo dated
17.10.2023 of the Deputy Collector Land
Reforms, Jamui although in the aforesaid
mentioned case this petitioner was not even
a party nor any notice has been served upon
him and before the aforesaid cancellation of
his Mutation, he was not been given any
opportunity to present his before the
concerned case Respondent/Authority;
(ii) for issuance of a writ of Mandamus or
any other appropriate writ/writs,
order/orders, direction /directions
commanding the concerned respondents to
restore mutation of the petitioner established
by Mutation Case No. 310/2017-18 in view
of the fact that the petitioner purchased
14.00 decimal of land from one Md. Hasan
Imam situated in Mauza Telar pertaining to
Khata No. 12, Khesra No. 957, Circle
Patna High Court CWJC No.18093 of 2023(2) dt.24-03-2026
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Islamnagar Aliganj, District Jamui vide
registered sale deed dated 02.07.2014 and
subsequently applied for mutation in his
name which has been established vide
Mutation Case No.-310/2017-18 and since
then he is in continued and uninterrupted
possession over the said land and he has
never been a party before any authority or
court with regard to any dispute related to
the said property at any point of time nor he
has been issued any notice or show cause
with regard to any such dispute litigation
although admittedly after purchase of the
said land by the petitioner vide registered
sale deed and after mutation his right, title
and interest over the said property was
created;
(iii) for issuance of a writ of mandamus or
any other appropriate writ/writs, order /
orders, direction/directions fixing
appropriate and adequate accountability on
the guilty respondents/authorities /officials
Patna High Court CWJC No.18093 of 2023(2) dt.24-03-2026
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due to whom the petitioner in a very illegal
way has been put under actual apprehension
of the deprivation of his constitutional right
to property and for the said reason he is
under extreme suffering;
(iv) for any other relief / reliefs for which the
petitioner is entitled under law..
3. The matter relates to land situated in Mauza Telar,
Khata No. 12, Khesra No. 957, Circle-Islamnagar Aliganj, (area
14 decimals) in the district of Jamui.
4. The petitioner claims that Mutation Case No.
310/2017-18 was cancelled by the Circle Officer, Islamnagar
Aliganj, Jamui vide an order dated 27.06.2023 which was
challenged.
5. The contention is that the same now stands set
aside by the Commissioner, Munger Division, Munger.
6. Learned State counsel submits that if the order
already stands cancelled, the writ petition has become
infructuous, though the order of the Commissioner, Munger
Division, Munger is not on record.
7. Since the submission of the learned counsel for the
petitioner has been recorded that the order in question has been
Patna High Court CWJC No.18093 of 2023(2) dt.24-03-2026
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annulled by the Commissioner, Munger Division, Munger.
8. If, the petitioner still has any grievance relating to
execution of the said order, he can very well approach the
concerned authority for the redressal of the grievance.
9. With the aforesaid observation, the writ petition is
disposed of.
(Rajiv Roy, J)
Ravi/-
U
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