Patna High Court
Kuleshwar Pd. YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The petition for writ was dismissed; the petitioners were directed to file an appeal under Section 7 of the Bihar Land Mutation Act, 2011.
Summary
The petitioners filed a writ petition challenging the order dated 28‑08‑2025 of the Circle Officer, Gaya, which rejected their applications for mutation of land. They sought quashing of the order and a writ of mandamus directing the authorities to mutate the land. The Court examined whether the petitioners could obtain relief through a writ or whether they must pursue the statutory remedy. It held that the appropriate remedy is an appeal under Section 7 of the Bihar Land Mutation Act, 2011 before the Deputy Collector Land Reforms, Gaya. Accordingly, the Court directed the Deputy Collector to condone any delay and decide the appeal expeditiously, and disposed of the writ application.
Issues considered
- Whether the order of the Circle Officer rejecting the mutation applications can be quashed by a writ of certiorari or mandamus.
- Whether the petitioners are entitled to a writ directing immediate mutation of the land.
- Whether the petitioners should instead pursue the remedy provided under Section 7 of the Bihar Land Mutation Act, 2011.
Legislation cited
Subjects
- land mutation
- writ petition
- mandamus
- quashing order
- administrative law
- Bihar
- Section 7
- appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20537 of 2025
======================================================
1. Kuleshwar Pd. Yadav Son of Bindeshwar Prasad Yadav, R/o village- Fuddi,
P.O.- Tankuppa, Police Station- Aropur, District- Gaya.
2. Kuldeep Yadav, Son of Birayadav, R/o village- Fuddi, P.O-Tankuppa, Police
Station - Aropur, District- Gaya.
3. Vijay Kumar Singh, Son of Nageshwar Singh, Resident of Village -Street
Road Lane, Town City Selwe, Area Locality section, Post- Sakardas, Police
Station - Warzirganj, District- Nawada.
4. Lalita Devi, Wife of Kumar Singh, R/o mohalla/village ward no.- 07
Lariyadih, P.O- Pathaldiha, Police Station - Koderma, District- Jharkhand.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary Govt. of Bihar, Patna.
2. The Principle Secretary, Department of Revenue and Land Reform, Govt. of
Bihar, Patna.
3. The District Magistrate, Gaya.
4. The Deputy Collector Land Reform, Gaya.
5. The Circle Officer, Tankuppa, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Respondent/s : AC to SC-25
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 06-01-2026 Heard Mr. Sanjay Kumar, learned counsel appearing
on behalf of the petitioners and learned AC to learned SC-25 for
the respondent/s.
2. The petitioners in paragraph no. 1 of the present
writ petition have sought inter alia following relief(s), which is
reproduced hereinafter:
"i. For quashing the order dated
28.08.2025 passed by the Circle Officer, Gaya in
Mutation Case Nos. 494 R/27/2025-26, 495
Patna High Court CWJC No.20537 of 2025(2) dt.06-01-2026
2/2
R27/2025-26 and 496 R/27/2025-26, whereby the
mutation applications filed by the petitioners have
been rejected.
ii. For issuance of a writ in the nature of
mandamus commanding and directing the
respondent authorities to mutate the petitioner's
land without delay.
iii. For issuance of any other
appropriate writ, order or direction for which the
petitioners may be found entitled in the facts and
circumstances of the case."
3. Considering the relief as prayed for in the present
writ petition, the petitioners, if so advised, may avail remedy of
appeal under Section 7 of the Bihar Land Mutation Act, 2011
before the Deputy Collector Land Reforms (DCLR), Gaya.
4. The D.C.L.R., Gaya must consider to condone the
delay in filing of the appeal considering the time consumed in
availing remedy before this Court and take a conscious decision
on the appeal filed by the petitioners expeditiously in
accordance with law, after giving due opportunity of hearing to
the parties.
5. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Niraj/-
U
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