Patna High Court
Md. Abid KhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
Holding
The writ petition is dismissed as the petitioner has an efficacious remedy under Section 7 of the Bihar Land Mutation Act, 2011.
Summary
The petitioner, Md. Abid Khan, sought a writ to quash the order dated 04-10-2024 of the Circle Officer, Sherghati, which rejected his mutation application for land inherited and partitioned among five brothers. The petitioner claimed the land was gifted to his father in 1980 and allotted to him in a partition deed of 1983, but the mutation was denied despite a prior appeal that remanded the matter to the Circle Officer. The State argued that the Circle Officer’s order was reasoned and that the petitioner retained the statutory right to appeal under Section 7 of the Bihar Land Mutation Act, 2011. The Court examined whether the petitioner had an alternative remedy and whether the writ jurisdiction was appropriate. Concluding that the petitioner has an efficacious remedy, the Court dismissed the writ and directed the petitioner to file an appeal within 13 days, with condonation of delay, before the DCLR, Sherghati.
Issues considered
- Whether the petitioner can obtain relief through a writ when a statutory appeal under Section 7 of the Bihar Land Mutation Act, 2011 is available.
- Whether the order of the Circle Officer rejecting the mutation application is amenable to quashing by a writ.
Legislation cited
Subjects
- mutation
- land reform
- writ jurisdiction
- administrative law
- appeal
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20623 of 2025
======================================================
Md. Abid Khan Son of Wasi Ahmad Khan, Resident of village- Khandail,
P.O.- Bishunpura, P.S.- Sherghati, District- Gaya (Bihar), 824237.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Government of Bihar, Patna.
2. The District Collector, Gaya.
3. The Land Reforms Deputy Collector, Sherghati, Gaya.
4. The Circle Officer, Sherghati, Gaya.
5. Mrs. Usha Kumari, Circle Officer, Sherghati, Gaya.
6. Sri Vishwanath Kumar Yadav, Revenue Officer, Sherghati, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Mistry, Adv.
For the Respondent/s : Mr. Uday Shekhar Singh, Gp19
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 09-01-2026 1. The petitioner has filed the present writ application
for quashing the order, dated 04.10.2024, passed by the Circle
Officer, Sherghati, Gaya, in Mutation Case No. 391-R27 of
2024-25, whereby the Mutation Application No. 391 has been
rejected.
2. The case of the petitioner is that the petitioner has
five brothers and the land appertaining to Khata no. 126, Khesra
no. 331, 327, Thana no. 135, ad-measuring 4 decimals and 10
decimals, total 14 decimals, situated at Mauja-Khandail, P.S.
and Circle Sherghati, district-Gaya, was gifted by Rajik Khan in
favor of the father of the petitioner by memorandum of oral gift,
Patna High Court CWJC No.20623 of 2025(2) dt.09-01-2026
2/3
dated 06.12.1980. The father of the petitioner decided to
partition the entire property between the five sons during his
lifetime and a partition took place among five brothers of the
petitioner by virtue of Panchnama/partition deed, dated
18.12.1983 and equal share was allotted to five sons. The land
in question, which is subject matter of the present case, was
allotted to the petitioner. The petitioner applied for mutation of
the land in question which was rejected by the Circle Officer,
Sherghati, Gaya, vide order dated 14.01.2023 in Mutation Case
No. 1208-R27-2022-23.
3. The petitioner being aggrieved by the order, dated
14.01.2023, filed an appeal bearing Mutation Appeal No. 444 of
2023-24 before the DCLR, Sherghati, and the learned DCLR
after hearing the parties, disposed the appeal on 05.06.2024 and
remitted the matter back to the Circle Officer Sherghati, Gaya,
to pass a fresh order after considering Panchnama, partition
schedule, possession etc. After remand, the Circle Officer has
rejected the Mutation Application of the petitioner vide order,
dated 04.10.2024, which is under challenge in the present Writ
Application.
4. Learned counsel for the State submits that a
reasoned order has been passed by the Circle Officer on
Patna High Court CWJC No.20623 of 2025(2) dt.09-01-2026
3/3
04.10.2024 after remand and if the petitioner is still aggrieved
with the order of rejection of Circle Officer, he may prefer an
appeal before DCLR under Section 7 of Bihar Land Mutation
Act, 2011.
5. Considering the nature of prayer made in the writ
application and the fact that the petitioner has efficacious
remedy of appeal under Section 7 of the Mutation Act, 2011, the
present writ application is disposed with liberty to the petitioner
to file an appeal against the order, dated 04.10.2024, passed by
the Circle Officer before the DCLR, Sherghati, and if such
appeal is filed within 13 days along with condonation of delay
petition, the DCLR, Sherghati, shall consider the same on its
own merit and pass a reasoned order after giving opportunity of
hearing to all concerned within a further period of 3 months.
6. With the aforesaid direction and observation, the
present writ application is disposed.
(Anil Kumar Sinha, J)
HarshPandey/-
U
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