Patna High Court
Anshu DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The petition was dismissed and no mandamus was issued.
Summary
Anshu Devi purchased two acres of land in Banka district and applied for mutation of the title. The Circle Officer rejected her applications, but the Deputy Collector set aside that order and directed a fresh enquiry. Despite the direction and a government resolution stating that a raiyati certificate was not required, the Circle Officer failed to pass any order. The petitioner filed a writ petition seeking a mandamus directing the Circle Officer to pass the final mutation order and other directions. The State argued that the petitioner must first fill a prescribed form before the District Magistrate can act. The court noted the procedural steps and disposed of the writ petition without granting the relief sought.
Issues considered
- Whether the Circle Officer is duty-bound to pass a final mutation order under Section 6 of the Bihar Land Mutation Rules, 2012.
- Whether a writ of mandamus can be issued directing the public servants to perform the mutation duty.
- Whether a raiyati certificate is required for mutation of raiyati land in view of the 2014 Government Resolution.
- Whether the petitioner must first submit a prescribed form before the District Magistrate can pass an order.
Subjects
- mutation
- land reform
- mandamus
- raiyati land
- Bihar
- public servant duty
- circle officer
- district magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20937 of 2025
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Anshu Devi wife of Pankaj Kumar Singh @ Pankaj Singh, resident of village
Birdwara (Katghartola), P.S., Kasim Bazar, P.O. Munger District Munger.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Land
Reforms, Government of Bihar, Patna.
2. The Secretary, Department of Land Reform and Revenue Government of
Bihar, Patna.
3. The Commissioner, Bhagalpur Division, Bhagalpur,
4. The District Magistrate, Banka.
5. The Additional District Magistrate, Banka.
6. The Deputy Collector Land Reforms DLR, Banka.
7. The Circle Officer, Chaandan, District Banka.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deep Anshuman, Advocate
For the Respondent/s : Mr. Hari Mohan Mishra, AC to GP 27
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 13-01-2026 Heard Mr. Deep Anshuman, learned counsel
appearing on behalf of the petitioner and Mr. Hari Mohan
Mishra, learned AC to GP 27 for the State.
2. Petitioner has inter alia prayed for following reliefs
in the paragraphs No.1 of the writ petition:-
“A. A writ in the nature of mandamus or on
other appropriate writ/writs, direction/directions
commanding the respondent no.7, the circle officer,
Chaandan (Banka) to pass final order in connection with
Mutation Application No.TEMP/318/2025-2026 as
contained in Annexure -P/8 (series) under Section 6 of the
Bihar Land Mutation, Rules 2012.
B. A writ in the nature of mandamus or any
other appropriate writ/writs, order/orders,
direction/directions commanding the respondent no.3 to 7
to BEHAUE as public SERUANTS and to SHY AWAY from
the duty and oath to work for the cause of general public
including petitioner.
C. To why other relief/reliefs to which the
Patna High Court CWJC No.20937 of 2025(2) dt.13-01-2026
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petitioner may be found to be entitled too.”
3. Learned counsel appearing on behalf of the
petitioner submitted that petitioner had purchased 2 acres of
land appertaining to Khata No. 9, Khesra No. 1602, Thana No.
128, situated at Mauza Chihutjor, Anchal Chaandan, District
Banka, through registered sale deeds Nos. 8776 and 1499 dated
25.07.2023, executed by Kailash Yadav, son of Late Ram
Kishun Yadav. Prior to abolition of Zamindari, the land was
settled by the ex-Zamindar Thakur Jaswant Prasad Singh in
favour of Babu Gaibi Chaudhary, whose name was duly
recorded in Register-II at Anchal Chaandan over 40 acres 11
decimals, including the proceeding plot, and rent receipts were
issued in his name. The recorded Raiyat Gaibi Chaudhary sold
12 acres 29½ decimals to Ram Kishun Yadav in the year 1990,
pursuant to which Jamabandi No. 42/10 was created in the
purchaser’s name. Out of the said land, 1 acre 50 decimals was
transferred by Ram Kishun Yadav to the Government of Bihar
for public purpose vide registered deed No. 2845 dated
08.03.2007. After the death of Ram Kishun Yadav, his son
Kailash Yadav sold 2 acres to the petitioner on 25.07.2023, and
the petitioner has since been in peaceful possession thereof. The
petitioner’s mutation applications in Mutation Case Nos.
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854R27/2023-24 and 853R27/2023-24 were rejected by the
Circle Officer, Chaandan vide order dated 17.10.2023. On
appeal, the Deputy Collector Land Reforms, Banka, by order
dated 22.02.2024 in Mutation Appeal Nos. 711/2023-24 and
726/2023-24, set aside the Circle Officer’s order and directed
fresh consideration after proper enquiry. Despite the said
direction and the Government Resolution dated 11.11.2014
governing recognition of Raiyati land, the Circle Officer failed
to pass any order and wrongly insisted upon a raiyati certificate.
The Public Grievance Redressal Officer, Banka, by speaking
order dated 30.01.2025, held that the land is raiyati in nature,
that no raiyati certificate is required, and directed compliance
with the D.C.L.R.’s order. Even thereafter, no action was taken,
compelling the petitioner to submit a representation dated
05.03.2025 before the District Magistrate, Banka. The petitioner
also applied for online mutation on 16.04.2025 vide Application
Nos. TEMP/317/2025-26 and TEMP/318/2015-16, which
remained pending without disposal till date.
4. Per contra, learned counsel appearing on behalf of
the State informs that the District Magistrate, Banka after being
informed about the grievance of the petitioner and the relief as
sought for in the present writ petition, has advised the petitioner
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to fill up a prescribed form, which is required to be filled up by
the petitioner and thereafter the same will be disposed of by the
District Magistrate.
5. Learned counsel appearing on behalf of the
petitioner informs that petitioner has taken steps to fill up the
prescribed form by taking help of the Circle Officer, Chaandan,
Banka. The Circle Officer shall ensure that the petitioner is able
to fill up the prescribed form, either in paper form or in digitized
form, so that the District Magistrate can pass an appropriate
order in accordance with law.
6. The writ petition is, accordingly, disposed of.
7. Interlocutory Application(s), if any, also stands
disposed of.
(Purnendu Singh, J)
Sanjay/-
U
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