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Patna High Court

Kuleshwar Pd. YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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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