Patna High Court
Md. IlyashversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
Holding
Section 7 of the Mutation Act makes the Deputy Collector (Land Reforms) the appellate authority, so the petitioner must pursue an appeal rather than a writ.
Summary
The petitioner purchased a 2‑decimal plot of land and applied for mutation of title, which the Circle Officer rejected on the ground that the land is Gairmajarwa Malik. The State argued that under the applicable statute the Deputy Collector (Land Reforms) is the designated appellate authority for such orders. The Court examined Section 7 of the Mutation Act, which confers appellate jurisdiction on the DCLR, and held that a writ petition is not the appropriate remedy. Accordingly, the Court disposed of the writ application, directing the petitioner to file an appeal before the DCLR within thirty days, with a condonation of delay petition if necessary. The DCLR was instructed to hear the matter and pass a detailed order within three months.
Issues considered
- Whether the petitioner is entitled to relief by way of a writ for the Circle Officer's refusal to mutate the land
- Whether the order of the Circle Officer is appealable to the Deputy Collector (Land Reforms) under Section 7 of the Mutation Act
Legislation cited
- Mutation Act — s. 7
Subjects
- mutation
- land registration
- appellate authority
- writ jurisdiction
- Gairmajarwa Malik
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20620 of 2025
======================================================
Md. Ilyash S/o Late Yusuf Residing at Vill.- Duwari, P.O.- Dugul, P.S.-
Kasma, Anchal- Rafiganj, District- Aurangabad, Bihar, Pincode- 824125.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue Department, Govt.
of Bihar, Patna.
2. The Collector (DM), District- Aurangabad, Bihar.
3. The Deputy Collector (D.C.L.R.) Land Reforms, District- Aurangabad,
Bihar.
4. The Circle Officer, Circle- Rafiganj, District- Aurangabad, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Pd. Singh, Adv.
For the Respondent/s : Mr. K.P. Gupta, Gp10
: Mr. Anwar Karim, Ac to Gp10
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 09-01-2026 1. The petitioner claims to have purchased a piece of
land situated in Khata No.55, Plot No.1359, having an area of 2
decimals, Thana Kasma, Anchal-Rafiganj, District Aurangabad,
by virtue of sale deed, dated 20.02.2024. After purchase of the
subject land, the petitioner submitted an application for
mutation in his name for which Mutation Case No. 1595/2024-
25 was instituted by the Circle Officer, who rejected the petition
and refused to mutate the land in question in the name of
petitioner on the ground that the land is Gairmajarwa Malik.
2. Learned counsel for the State submits that as per
the statutory provision, the DCLR is the appellate authority and
Patna High Court CWJC No.20620 of 2025(2) dt.09-01-2026
2/2
the petitioner may be relegated to the remedy of appeal.
3. Considering the nature of the prayer made in the
writ application and the fact that as per Section 7 of the
Mutation Act, DCLR is the appellate authority against the order
passed by the Circle Officer, accordingly, this writ application is
disposed with liberty to the petitioner to file an appeal before
the DCLR within a period of thirty days from today. If such an
appeal is filed along with condonation of delay petition, the
DCLR shall consider the same and pass a detailed order after
giving opportunity of hearing to all concerned within a further
period of three months.
4. With the aforesaid direction and observation, the
present writ application stands disposed.
(Anil Kumar Sinha, J)
HarshPandey/-
U
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