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Patna High Court

Manoranjan Singh @ Manoranjan PandeyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court directed the District Magistrate‑cum‑Collector to procure the records of the pending mutation revision and to recommend action against the Additional Collector for non‑compliance with the statutory time‑limit, thereby disposing of the writ petition.

Summary

Manoranjan Singh filed a writ petition seeking a mandamus directing the State officials to pass an order on his Mutation Revision Application No.46/2024-25, which has been pending since 3 September 2024, and a certiorari to set aside an order dated 1 August 2024 passed by the District Court of Land Revision (DCLR). He contended that under Section 8(5) of the Bihar Land Mutation Act, 2011, the revision must be disposed of within 30 days, a deadline that was missed. The petitioner also alleged that the DCLR order was obtained through fraud and involved an imaginary private respondent. The Court examined the statutory time‑limit and the alleged administrative inaction. It directed the District Magistrate‑cum‑Collector, Saran, to obtain the complete records of the revision application and to recommend action against the Additional Collector for the delay, and ordered that the petition be disposed of.

Issues considered

  • What is the statutory time‑limit for disposal of a mutation revision application under the Bihar Land Mutation Act, 2011?
  • Has the Additional Collector failed to comply with the 30‑day deadline, thereby warranting judicial intervention?
  • Should the order dated 1 August 2024 passed by the DCLR be set aside on the grounds of fraud and lack of jurisdiction?

Legislation cited

Subjects

  • land mutation
  • mandamus
  • certiorari
  • administrative delay
  • Bihar Land Mutation Act
  • revision application
  • property dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1844 of 2026
                 ======================================================
                 Manoranjan Singh @ Manoranjan Pandey Son of Late Lalan Singh @ Lalan
                 Pandey, Resident of Village-Damodarpur, P.S.-Sonepur, District-Saran.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Principal Secretary, Department of Land and Revenue, Government of
                 Bihar, Patna.
           3.    The Commissioner, Saran at Chapra.
           4.    The District Magistrate cum Collector, Saran, Chapra.
           5.    The Additional District Magistrate cum Additional Collector, Saran, Chapra.
           6.    The Deputy Collector Land Reforms, Sonepur, Saran.
           7.    The Circle Officer, Sonepur, Saran.
           8.    Bshishth Sharma, Son of Ram Deo Sharma, resident of Village-Gangahara,
                 P.S.-Shahpur, District-Patna, at present residing at Village-Damodarpur, P.S.-
                 Sonepur, District-Saran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :     Mr. Dhananjay Mishra, Advocate
                                                 Mr. Nilesh Kumar Nirala, Advocate
                 For the State             :     Mr. Vivek Prasad, GP-7
                                                 Mr. Sanjay Kumar, AC to GP-7
                                                 Ms. Roona, AC to GP-7
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   05-02-2026                          Heard Mr. Dhananjay Mishra, learned counsel

                   appearing on behalf of the petitioner and Mr. Vivek Prasad,

                   learned GP-7 for the State.

                                 2. At the outset, learned counsel appearing on beahlf

                   of the petitioner seeks to make certain correction in paragraph

                   no. 1 of the writ petition, in course of the day.

                                 3. Permission is accorded.

                                 4. The petitioner in paragraph no. 1 of the present writ
Patna High Court CWJC No.1844 of 2026(2) dt.05-02-2026
                                            2/3




          petition has sought, inter alia, following relief(s), which is

          reproduced hereinafter:-

                                       "(i) For issuance of a writ of mandamus or
                          appropriate or any other writ/writs, order/order,
                          direction/directions, directing the respondents to pass the
                          order on the Revision Application filed by the petitioner as
                          Mutation Revision No. 46/2024-25, which is pending before
                          the Court of learned Additional Collector, Saran, Chapra
                          since 03.09.2024 without any rhyme and reason.
                                       In view of the facts the petitioner got the acestal
                          land property situated at Mauza-Paharichak, Sonepur,
                          Saran vide Khata No. 45 having the peacefully possession
                          on the entire plots and Mutation has already been made in
                          the name of the petitioner by the order of C.O. Sonepur,
                          Saran which was set aside on 01.08.2024 by the Court of
                          learned D.C.L.R., Sonepur and thus the order dated
                          01.08.2024 has been challenged before Additional
                          Collector, Saran, Chapra which is pending since
                          03.09.2024 which is quite against the law.
                                       (ii) For issuance of a writ of certiorari or
                          appropriate or any other/others, writ/writs, order/orders,
                          direction/directions for directing the respondents to set
                          aside the order dated 01.08.2024 passed by learned
                          D.C.L.R., Sonepur, Saran on a petition of Private
                          Respondent No.8, who is quite imaginary and unknown to
                          the family of the petitioner, who has taken the order of the
                          D.C.L.R., Sonepur, Saran by hooks and crooks and creating
                          the illegal dispute on the land of the petitioner.
                                       (iii) To grant any other relief/reliefs for which
                          the petitioner is entitled for in the facts and circumstances
                          of the case."


                      5. Learned counsel appearing on behalf of the

          petitioner submitted that in accordance with Sub-Section 5 of

          Section 8 of the Bihar Land Mutation Act, 2011 (hereinafter

          referred to as the Act, 2011), the time limit for disposal of

          Mutation Revision Application is prescribed as 30 days from the

          date of receipt of the application for revision. He further informs

          that the revision application of the petitioner was filed on
          Patna High Court CWJC No.1844 of 2026(2) dt.05-02-2026
                                                      3/3




                    03.09.2024 being Mutation Revision No. 46/2024-25 before the

                    Additional Collector, Saran, Chapra but the same is pending till

                    date.

                                6. Considering the aforesaid submission/information,

                    the District Magistrate-cum-Collector, Saran, Chapra, is directed

                    to call for the entire records relating to Mutation Revision No.

                    46/2024-25, which according to the petitioner was filed on

                    03.09.2024 from the office of the Additional Collector, Saran,

                    Chapra, as well as, from the office of the Circle Officer,

                    Sonepur, Saran in respect of the land appertaining to Khata No.

                    45, Khesra No. 217, 218, 219 and 220 situated in Mauza

                    Paharichak, Sonepur, Saran and see that if the Additional

                    Collector has deliberately not acted within time in accordance

                    with the provision of Sub-Section 5 of Section 8 of the Act,

                    2011, then in that case, he must recommend action against him

                    so that he can pass order forthwith in accordance with law.

                                   7. With aforesaid observation/direction, the present

                    writ petition stands disposed of.



                                              (Purnendu Singh, J)
Niraj/-

U


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