Patna High Court
Kumari VibhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The High Court held that correction of the sale deed must be obtained from a competent civil court and it cannot entertain the writ petition for the same.
Summary
The petitioner, Kumari Vibha, filed a writ petition seeking correction of a sale deed dated 04-11-2003 in which the plot number was erroneously recorded as 1094 instead of 1191, causing difficulties in mutation of the land and non‑payment of compensation after the land was acquired. The petitioner argued that the error should be rectified by the High Court to enable mutation and compensation. The Court examined whether it could order correction of the deed under its writ jurisdiction. It held that the error can be remedied only by a competent civil court and that the petitioner’s difficulty stems from his own inaction. Consequently, the Court directed the petitioner to approach a civil court for correction and disposed of the writ application.
Issues considered
- Whether the High Court can direct correction of a sale deed under its writ jurisdiction
- Whether the petitioner is entitled to compensation for land acquisition despite the deed error
Subjects
- sale deed correction
- mutation
- land acquisition
- compensation
- civil court remedy
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20583 of 2025
======================================================
Kumari Vibha Wife of Ravindra Kumar Yadav, Resident of Village-Saharkola,
P.S.- Basantpur, District-Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Government of Bihar, Patna.
2. The District Magistrate, Siwan.
3. The District Land Acquisition Officer, Siwan.
4. The Circle Officer Basantpur, Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shakil Ahmad Khan, Advocate
For the Respondent/s : Mrs. Shweta Anand, AC to GP-13
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 06-01-2026 Heard Mr. Shakil Ahmad Khan, learned counsel
appearing on behalf of the petitioner and Mrs. Shweta Anand,
learned counsel for the respondent/s.
2. At the outset, learned counsel appearing on behalf
of the petitioner seeks to make certain necessary correction in
the writ petition, in course of the day.
3. Permission is accorded.
4. It is the case of the petitioner that in the Sale Deed
dated 04.11.2003, plot number has wrongly been described as
1094 in place of Plot No. 1191 leading to complication in
respect of getting the said land mutated in the name of the
petitioner. The said land has subsequently been acquired
Patna High Court CWJC No.20583 of 2025(2) dt.06-01-2026
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resulting into non payment of compensation to the petitioner.
5. This Court finds that the petitioner is facing such
difficulty due to his own inaction and unless and until, the Sale
Deed dated 04.11.2003 is rectified by a competent Civil Court,
the grievance of the petitioner cannot be redressed.
6. The petitioner is at liberty to avail remedy before
the competent Civil Court for correction of the Sale Deed in
question.
7. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Niraj/-
U
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