Patna High Court
Pramila DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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/-
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