Patna High Court
Ranju SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The orders dated 23.02.2021 and 21.07.2025 are illegal, ultra vires, and are hereby quashed.
Summary
Ranju Sharma filed a writ petition challenging several orders that allowed mutation of land and construction on the disputed property while a partition suit (No. 157/2011) was pending. The petitioner argued that the Circle Officer and the Deputy Collector violated Section 6(12) of the Bihar Land Mutation Act, 2011, which bars any order when the title is in dispute, and ignored a status‑quo order dated 06.04.2017 issued by the Additional District Judge. The High Court held that both the Ex‑Party Order dated 23.02.2021 and the construction permission dated 21.07.2025 were passed without jurisdiction and were therefore null and void. It quashed those orders, directed the District Magistrate‑Collector to examine the land records, and emphasized the need to enforce the civil court's status‑quo direction. Consequently, the writ petition was disposed with the reliefs sought being granted.
Issues considered
- Whether the Circle Officer and Deputy Collector had jurisdiction to pass mutation and construction orders under Section 6(12) of the Bihar Land Mutation Act, 2011 when a title dispute and a civil court status‑quo order existed.
- Whether the orders dated 23.02.2021 and 21.07.2025 are liable to be set aside as illegal and ultra vires.
Legislation cited
- Bihar Land Mutation Act, 2011 — s. 6(12)
Subjects
- land mutation
- title dispute
- ex‑party order
- civil writ jurisdiction
- Section 6(12)
- partition suit
- status quo
- illegal order
- construction permission
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20756 of 2025
======================================================
Ranju Sharma Daughter of Late Suresh Sharma, Wife of Sri Sanjeev Kumar,
Resident of Village- Pandeypur, P.S. Neora, District- Patna, Presently residing
at Village-Dharampur (Kurji Mahmadpur), P.s.-Phulwari, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Revenue and
Land Reforms Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Revenue and Land Reforms Department,
Government of Bihar, Patna.
3. The District Magistrate, Patna.
4. The Sub-Divisional Public Grievance Redressal Officer, Patna Sadar, Patna.
5. The Additional Collector, Patna.
6. The Deputy Collector Land Reforms, Patna Sadar, Patna.
7. The Circle Officer, Phulwarishariff, Patna.
8. The Superintendent of Police, Patna.
9. The Station House Officer, Phulwarishariff Police Station, Patna.
10. Sri Rohit Kumar, Son of Not Known, Resident of Garikhana, Khagaul, P.S.-
Khagaul, District-Patna.
11. Vijay Sharma, Son of Late Gopal Sharma, Resident of Village-Sherpur, P.S.-
Sherpur, Patna.
12. Nitu Ranjan, Wife of Jay Prakash Ranjan, Resident of Gola Road, P.S.-
Rupaspur, Patna.
13. Girdhar Sharma, Son of Late Sri Ram Sharma, R/o Village and P.O.
Gangahara, P.S.-Shahpur, District-Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ayush Kumar, Advocate.
Mr. Kanishka Shankar, Advocate.
For the State : Mr. Madanjeet Singh, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 30-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned counsel for the State.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought, inter alia, following relief(s), which is
Patna High Court CWJC No.20756 of 2025(2) dt.30-01-2026
2/5
reproduced hereinafter:-
“I. For setting aside the Ex-Party Order dated
23.02.2021 passed by D.C.L.R. Patna in Mutation Appeal
No. 24/2020-21 whereby Mutation appeal was allowed with
respect to piece of land, which is subject matter of Title
Partition Suit No. No. 157/2011.
II. For setting aside the order dated 10.07.2025
passed by the Sub-Divisional Public Grievance Redressal
Officer, Patna Sadar, Patna, whereby petitioner's complaint
bearing Complaint No. 999957904042524022 has been
disposed of without taking decision with regard to the
mutation of the private respondent which was carried out
during pendency of the Title Partition Suit No. 157/2011.
III. For setting aside the order dated
21.07.2025 issued with the signature of S.H.O.
Phulwarishariff Police Station, Patna whereby the private
respondent has been allowed construction upon the land in
question even without measurement of the land and it has
further been ordered that the private respondent may get
the Magistrate and police force appointed for construction
of the building upon the land in question.
IV. For issuance of direction to the respondent
authorities to demarcate the land of the private respondent
as per the registered sale deed and stop the construction
until measurement is carried out.
V. For any other relief/reliefs for which the
petitioner may be deemed entitled to.”
3. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is aggrieved by the order
dated 21.07.2025 (Annexure P/7). The Circle Officer,
Phulwarisharif without considering the provisions of Section
6(12) of the Bihar Land Mutation Act, 2011 has passed the said
order. Section 6(12) of the Mutation Act restrains the Circle
Officer to pass any order in those cases where title between the
parties is disputed. Learned counsel informs that Title Partition
Suit No. 157 of 2011 is pending between the petitioners and the
respondent nos. 10 to 13, in which plaintiffs are respondent nos.
Patna High Court CWJC No.20756 of 2025(2) dt.30-01-2026
3/5
10 to 13 hereof and the petitioners are the defendant. He
submitted that in spite of prohibition contained in Section 6(12)
of the Mutation Act and the order dated 06.04.2017 passed by
the learned ADJ-IV, Patna by which status quo was directed to
be maintained, the Circle Officer illegally allowed the
respondent nos. 10 to 13 to construct structure over the said
land, even though he has taken notice of the information which
the petitioner gave in Janta Darbar. Learned counsel submitted
that much prejudice has been caused to the petitioner, as the
very nature of the suit, as a result of the subsequent
development, will change giving rise to multiplicity of the
litigation forcing the petitioner to file the present writ petition.
4. The matter was adjourned and today Mr. Madanjeet
Singh, learned counsel appearing on behalf of the State informs
that the DCLR who has passed the order dated 23.02.2021 in
Mutation Appeal No. 24/2020-21 having been apprised of the
information that Title Partition Suit no. 157 of 2011 is pending
between the parties has immediately taken steps to file revision
before the Additional Collector, Patna and Revision Case No.
425/2025-26 has been registered so that the order dated
23.02.2021 is not given effect.
5. Heard the parties.
Patna High Court CWJC No.20756 of 2025(2) dt.30-01-2026
4/5
6. Having heard the rival contention made by the
parties and recorded evidence that vide order dated 06.04.2017,
learned ADJ-IV, Patna had directed to maintain status quo and
the said development has been noticed by the private respondent
nos. 10 to 13, in spite of the said judicial order passed by a
competent court having jurisdiction, both the DCLR and the
Circle Officer exceeded their jurisdiction by passing orders
dated 23.02.2021 and 21.07.2025 respectively against the
provisions contained in Section 6(12) of the Mutation Act,
which renders the aforesaid orders nullity being passed without
jurisdiction.
7. In the present case, it is deliberate and intentional
on the part of the Circle Officer who has exceeded his
jurisdiction willfully to disobey the order of the competent Civil
Court, at the same time, he has put the petitioner to face
consequence of his illegal act by giving undue advantage to the
private respondents. The orders dated 23.02.2021 and
21.07.2025 being illegal are quashed and set aside.
8. I direct the the District Magistrate cum Collector,
Patna to call upon the records of the land relating to Khata No.2,
Plot No. 1278, Thana No.41, measuring 2.5 decimal situated in
Dharampur (Korji Dharampur), P.S.-Phulwarisharif, District –
Patna High Court CWJC No.20756 of 2025(2) dt.30-01-2026
5/5
Patna and see that why the Circle Officer has acted knowingly
with an intention to give undue favour to the private
respondents. The Collector, in such circumstances, must be
vigilant and conscious enough to exercise his jurisdiction to take
action even though the Circle Officers are protected under
Mutation Act for having committed error, but not for deliberate
action to disobey the judicial orders passed by the competent
civil court, particularly in view of the protection contained in
Section 6 (12) of the Act.
9. The writ application, accordingly, stands disposed
of.
(Purnendu Singh, J)
mantreshwar/-
U
Checking your session…