Patna High Court
Sharad Chandra MishraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
Holding
Mutation proceedings are stayed pending the disposal of the title suit under Section 6(12) of the Bihar Land Mutation Act, 2011.
Summary
The petitioners, three brothers, filed a writ petition before the Patna High Court seeking relief against the State of Bihar and its officials concerning land mutation. The State informed the Court that the petitioners had already instituted a title suit (No. 337 of 2022) before the Sub‑Judge, Araria, and that the mutation proceedings had been dropped by the Circle Officer as per the Board of Land Tribunal, Patna. The petitioners did not contest the existence of the pending title suit. The Court held that, under Section 6(12) of the Bihar Land Mutation Act, 2011, mutation proceedings must be stayed until the title suit is finally decided. Consequently, the writ application was disposed, with the matter to be resolved through the pending title suit.
Issues considered
- Whether mutation proceedings can continue while a title suit concerning the same land is pending
- Whether Section 6(12) of the Bihar Land Mutation Act, 2011 bars continuation of mutation until the title suit is disposed
Legislation cited
- Bihar Land Mutation Act, 2011 — s. 6(12)
Subjects
- land mutation
- title suit
- stay of proceedings
- Bihar Land Mutation Act
- Section 6(12)
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20106 of 2021
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1. Sharad Chandra Mishra, Son of Late Aniruddha Mishra Resident of Kali
Flour Mill, Village- New Krishnapuri, P.O., P.S. and District- Purnea.
2. Ashok Chandra Mishra, Son of Late Aniruddha Mishra Resident of Village-
Madura West, Narpatganj Bazar, Ward No. 14, P.S.- Narpatganj, District-
Araria.
3. Arun Chandra Mishra, Son of Late Aniruddha Mishra Resident of Village-
Dorra, Ward No.3, Balua Bazar, P.S.- Pratapganj, District- Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Collector, Araria.
3. Additional Collector, Araria.
4. Deputy Collector, Land Reforms, Narpatganj, District- Araria.
5. Circle Officer, Narpatganj, District- Araria.
6. Subhash Chandra Mishra Son of Late Aniruddha Mishra Resident of
Village- Dorra, Ward No.3, Balua Bazar, P.S.- Pratapganj, District- Supaul.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar Sinha, Advocate
For the Respondent/s : Mr. AC to SC-19
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 23-03-2026 Heard the learned counsel for the parties.
2. Learned AC to SC-19 informs this Court that a
counter affidavit has been filed and from perusal of the same, as
stated in paragraph ‘8’ of the said counter affidavit, a title suit
has been preferred on behalf of the petitioners, being Title Suit
No.337 of 2022, which is pending before the Sub-Judge 1st,
Araria, and thereafter in pursuance to the orders of the BLT,
Patna, even the Circle Officer, Narpatganj, has dropped the
Patna High Court CWJC No.20106 of 2021(4) dt.23-03-2026
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proceedings which were initiated.
3. Learned counsel for the petitioners does not dispute
this fact that a title suit has been filed on behalf of the
petitioners and, therefore, as far as the present case is
concerned, the same would now be subject to the result of the
title suit preferred by the petitioners.
4. In view of such a categorical stand by the State, the
present writ application is disposed off taking into account the
fact that the title suit has already been preferred by the
petitioners and the same is pending and therefore in view of
specific provision of Section 6(12) of the Bihar Land Mutation
Act, 2011, the proceedings of mutation shall not continue till the
disposal of the said title suit.
(Sourendra Pandey, J)
manoj/-
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