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Patna High Court

Pramila DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the Circle Officer must comply with the mutation appeal order and effect the mutation of the petitioner's name within four weeks.

Summary

Petitioner Pramila Devi purchased the land in question by a registered sale deed dated 22‑07‑2021 and has remained in peaceful possession. She applied for mutation of her name in the land records, but the Circle Officer rejected the application on 10‑05‑2023 without proper verification. She appealed to the Deputy Collector, Land Reforms, who allowed the mutation on 02‑06‑2025 and directed the issuance of a rent receipt in her favour. Despite this order, the Circle Officer has not complied with the direction. The petitioner filed a writ petition seeking a directive to mutate her name, disposal of her representation, and protection of her peaceful possession. The Court heard the parties, noted the State’s assurance that the officer would act, and directed the Circle Officer to redress the grievance and effect the mutation within four weeks. The petition was thereafter disposed.

Issues considered

  • Whether the Circle Officer is liable to comply with the mutation appeal order directing mutation of the petitioner's name in the land record.
  • Whether the petitioner's right to peaceful possession can be protected by a writ directing the officer to act.
  • Whether the failure of the administrative authority to implement the order warrants judicial intervention.

Subjects

  • mutation of land records
  • writ petition
  • peaceful possession
  • administrative law
  • land reform
  • civil writ jurisdiction
  • district magistrate

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No. 20035 of 2025
                 ======================================================
                 Pramila Devi W/o Rajkumar Yadav, R/v- Gulab Bagh, P.S. and P.O- Barh,
                 District- Patna.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through District Magistrate Patna.
           2.    The District Magistrate, Patna.
           3.    The Deputy Collector Land Reform, Barh, Dist- Patna.
           4.    The Circle Officer, Barh Anchal, District- Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Satya Ranjan Sinha, Advocate
                                                Ms.Seema Kumari, Advocate
                                                Mr.Dhananjay Kumar, Advocate
                 For the Respondent/s   :       Mr.Rajesh Kumar Sinha, AC to GP 23
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   08-01-2026                      Heard Mr. Satya Ranjan Sinha along with Ms.

                   Seema Kumari and Mr. Dhananjay Kumar, learned counsels

                   appearing on behalf of the petitioner and Mr. Rajesh Kumar

                   Sinha, learned counsel for the State.

                                 2. The petitioner in paragraph no. 1 of the present writ

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

                   reproduced hereinafter:-

                                            “I. To direct the concerned respondents to
                                  mutate the name of the petitioner upon the land of
                                  Khata No.351, Khesra No.11/3577, Area 3.125
                                  decimals/1 Kattha, Mauza Sahri, Thana No.60, Tauzi
                                  8430, District Patna forthwith.
                                            II. To direct the concerned respondents to
                                  dispose of the representation filed by the petitioner
                                  on 04.09.2025 forthwith.
                                            III. To direct the concerned respondents, to
Patna High Court CWJC No. 20035 of 2025(2) dt.08-01-2026
                                            2/3




                        protect the peaceful possession of petitioner on her
                        own registered land in the interest of justice,
                        forthwith.
                                   IV. To grant any other relief/reliefs which
                        the petitioner may be found entitled to as in the facts
                        and circumstances of the case.”

                      3.The brief facts of the case is that the petitioner

          purchased the land in question through a registered sale-deed

          dated 22.07.2021, bearing Deed No. 8929, executed by Arun

          Kumar Kashyap, son of Late Ram Chandra Prasad Kashyap,

          and has been in peaceful possession since then. The petitioner

          applied for mutation before the Circle Officer, Barh Anchal,

          District–Patna, vide Mutation Case No. 3050/2022–23, which

          was rejected on 10.05.2023 without proper verification of

          records. Being aggrieved by the same, the petitioner preferred a

          Mutation Appeal before the Deputy Collector, Land Reforms,

          Barh, registered as Mutation Appeal No. 451/2023–24 (arising

          out of RF No. 1009/2024–25), which was allowed on

          02.06.2025, directing the Circle Officer to issue rent receipt in

          favour of the petitioner. Despite the aforesaid order, the Circle

          Officer has failed to comply with the direction till date, without

          any lawful reason.

                      4. Mr. Rajesh Kumar Singh, learned counsel for the

          State informs that the Circle Officer, Barh (Patna) has assured

          that he will do justice with the petitioner and the notice has been
        Patna High Court CWJC No. 20035 of 2025(2) dt.08-01-2026
                                                    3/3




                  issued to the respective parties to appear before him on

                  16.01.2026.

                              5. Learned counsel further informs this Court that the

                  Circle Officer, Barh (Patna) will take immediate steps to

                  consider the grievance of the petitioner.

                              6. The Circle Officer, Barh (Patna) is directed to

                  consider and redress the grievance of the petitioner, as prayed

                  for in the present writ petition, in accordance with law

                  expeditiously not beyond the period of four weeks from the date

                  of communication of this order.

                              7. The present writ petition is accordingly disposed of.


                                            (Purnendu Singh, J)
chn/-

U


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