Patna High Court
Ashok PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
Holding
The Circle Officer, Rajgir, is directed to dispose of the petitioner's mutation application within three months by a reasoned order after hearing all parties.
Summary
The petitioner, Ashok Paswan, filed a writ petition seeking a direction to the Circle Officer, Rajgir, to act on his pending mutation application for land acquired through a compromise award in a title suit. The land, originally belonging to Hari Rajwanshi, was sold to the petitioner's grandmother and later involved in a dispute resolved by a compromise and a National Lok Adalat award. The petitioner applied for mutation based on the award, which was initially rejected, leading to a mutation appeal that the Land Reforms Deputy Collector allowed, directing the Circle Officer to investigate and pass a reasoned order. Despite this, the Circle Officer failed to decide the application, prompting the writ petition. The High Court, noting the pending nature of the application and the need for timely action, directed the Circle Officer to dispose of the petitioner's application within three months, after giving a hearing and issuing a reasoned order. The writ petition was consequently disposed.
Issues considered
- Whether the Circle Officer, Rajgir, should be compelled to decide the pending mutation application within a reasonable time as directed by the Land Reforms Deputy Collector.
Subjects
- mutation
- land reform
- circle officer
- writ jurisdiction
- reasoned order
- Bihar
- land dispute
- National Lok Adalat
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20626 of 2025
======================================================
Ashok Paswan S/o Late Khelawan Paswan, Resident of Village- Gotraiyan,
P.S.- Nardiganj, District- Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Revenue and Land Reform
Department, Government of Bihar, Patna.
2. The District Magistrate, Nalanda.
3. The Land Reforms District Collector, Rajgir, District- Nalanda.
4. The Anchal Adhikari, Rajgir, District- Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad
For the Respondent/s : Mr. Sanjay Kumar, AC to GP-23
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 09-01-2026 1. Heard learned counsel for the parties concerned.
2. The present writ application has been filed for direction to
the respondent-authorities particularly the Circle Officer,
Rajgir, to comply with the order, dated 05.03.2022,
passed by the Land Reforms Deputy Collector (LRDC),
Rajgir, inasmuch as the mutation application is pending
before the Circle Officer, Rajgir, who is sitting tight over
the matter and not deciding the application for mutation
submitted by the petitioner for creating the demand in his
favour.
3. The brief fact of the case is that the land pertaining to
Khata No. 155 and 106 under Khesra No. 4833 and 4832
Patna High Court CWJC No.20626 of 2025(2) dt.09-01-2026
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having an area of 24 decimals and 9 decimals,
respectively, belonged to one Hari Rajwanshi @ Hari
Rajwar @ Puna Rajwar. Hari Rajwanshi sold 05 decimals
land from R.S.P. Plot No. 4833 and 4.5 decimals from
Plot No. 4832 to the grand-mother of the petitioner,
namely, Yashodha Devi and some parts of the land was
sold to different persons by Hari Rajwanshi @ Hari
Rajwar in the year 2017.
4. Dispute arose between the purchaser and land owner, for
which, the purchaser, including the petitioner, filed a title
suit, bearing Title Suit No.112 of 2017, against the owner,
wherein, the parties arrived at compromise, accordingly,
compromise petition was allowed on 28.04.2017 and an
award was passed on 14.07.2018 by National Lok Adalat.
On the basis of the award, the petitioner applied for
mutation for getting his name mutated, but the same was
rejected.
5. Thereafter, the petitioner filed a mutation appeal, bearing
Mutation Appeal No. 116 of 2021-22, before the LRDC,
Rajgir, and same was allowed with a direction to the
Circle Officer, Rajgir, to make an enquiry and pass a
reasoned order. The matter is still pending before the
Patna High Court CWJC No.20626 of 2025(2) dt.09-01-2026
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Circle Officer, Rajgir.
6. Learned counsel for the State submits that the Circle
Officer, Rajgir, may be directed to take decision on the
application of the petitioner within a reasonable time
frame.
7. Taking into consideration the nature of dispute and the
fact that after remand by the LRDC, Rajgir, the
application of the petitioner is pending before the Circle
Officer, Rajgir, accordingly, the Circle Officer, Rajgir, is
directed to dispose the application of the petitioner within
a period of three months by a reasoned order after giving
opportunity of hearing to all concerned.
8. With the aforesaid observations and directions, this writ
application is, accordingly, disposed.
(Anil Kumar Sinha, J)
ashwani/-
U
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