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Patna High Court

Anil Kumar ChoudharyversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The petition was disposed of as infructuous because the petitioner withdrew the relief after the grievance was redressed.

Summary

The petitioner, Anil Kumar Choudhary, filed a writ petition seeking a court order directing the State of Bihar and its land authorities to mutate his one‑third share (10 Dhur) of a land parcel originally purchased by his late father in 1980, and to complete all necessary formalities within a reasonable time. He claimed peaceful possession of the land for about 38 years. The petitioner’s counsel later informed the court that the grievance had been resolved and requested withdrawal of the petition. The court accepted this submission and held that there was no longer any relief to be granted. Consequently, the writ petition was declared infructuous and disposed of. No substantive adjudication on the merits of the mutation claim was made.

Issues considered

  • What relief, if any, is the petitioner entitled to regarding mutation of his share in the land?
  • Whether the land authorities are obligated to complete mutation formalities within a reasonable period.

Subjects

  • land mutation
  • writ petition
  • property law
  • land reforms
  • mutation of share
  • petition withdrawn
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.20743 of 2018
                 ======================================================
                 Anil Kumar Choudhary Son of Late Satya Narayan Choudhary, Resident of
                 Village- Nikaspur, Ward No.9, P.S.- Ujiarpur, District- Samastipur.

                                                                             ... ... Petitioner/s
                                                     Versus
           1.    The State Of Bihar.
           2.    The Principal Secretary, Land Reforms Department, Govt. of Bihar, Patna.
           3.    The District Magistrate, Samastipur.
           4.    The Deputy Collector of Land Reforms D.C.L.R., Samastipur.
           5.    The Circle Officer, Samastipur.
           6.    The Circle Inspector, Samastipur.
           7.    The Halka Karamchari, Samastipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Kumar Praveen, Advocate
                 For the Respondent/s   :      Mr. Rishi Raj Sinha -SC-19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   13-01-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief(s):

                                             “A) For the issuance of appropriate

                                  writ/writs, order/orders direction/directions to the

                                  Respondent authorities for Mutation of Petitioner's

                                  1/3 share (10 Dhur) on his name from the Total

                                  land having (Tauzi No.-4430, Thana No.-179,

                                  Khata No.-268, Khesra No.-554, Total Area of

                                  Land - 1 katha and 10 dhur) on the name of

                                  petitioner's father late Satya Narayan Choudhary.
          Patna High Court CWJC No.20743 of 2018(2) dt.13-01-2026
                                                     2/2




                                                B) For the issuance of appropriate

                                    writ/writs, order/orders, direction /directions to the

                                    respondent       authorities    to   complete   the   all

                                    formalities required before mutation within a

                                    reasonable period because the land is question has

                                    been purchased in the year 1980 by the father of

                                    petitioner namely Satya Narayan Choudhary by a

                                    registered sale deed dated 25.08.1980. Land in

                                    question is in peaceful possession of petitioner and

                                    other co-sharers for last about 38 years.

                                                C) For any other relief/reliefs to which

                                    the petitioner is found entitled under the facts and

                                    circumstances of the present case.”

                                3. Learned counsel for the petitioner, Mr. Kumar

                    Praveen submits that the grievance stands redressed and as such,

                    he may be permitted to withdraw the petition.

                                4. Accordingly, the writ petition stands disposed of as

                    infructuous.



                                                  (Rajiv Roy, J)
Adnan/-

U


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