Created by Fuzzy Cloud

Patna High Court

Chandra Chur Jha @ Bhola JhaversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The High Court disposes the writ petition, directing the Deputy Collector Land Reforms to hear all stakeholders and resolve the mutation matter within six months.

Summary

The petitioners, heirs of the late Chandrachur Jha, own land in Mauja‑Bhada, Sonbarsa (Saharsa) and seek mutation of the rent receipt from their deceased father’s name to theirs. A title suit (No. 108 of 1967) was settled by compromise, and earlier writ petitions (CWJC 9694 of 2012) directed them to approach the revenue authorities, which they did, leading to a case before the Deputy Collector Land Reforms (Case No. 01 of 2015). Despite these steps, more than a decade elapsed without any resolution. The petitioners renewed the writ seeking a direction for the Deputy Collector to hear all stakeholders and pass a final order. The Court, noting the delay, disposed of the petition, directing the Deputy Collector Land Reforms to conduct a hearing and conclude the matter within six months.

Issues considered

  • Whether the Deputy Collector Land Reforms can be directed by the High Court to expedite the mutation of rent receipt in the petitioners’ name.
  • Whether the petitioners are entitled to a writ remedy for the inaction of revenue authorities.

Subjects

  • mutation of land records
  • rent receipt
  • land revenue
  • writ jurisdiction
  • delay in administration
  • land reforms

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.23348 of 2018
                ======================================================
           1.1. Most. Chandrakanta Devi W/o Late Chandrachur Jha @ Bhola Jha, Resident
                 of Village - Sonbarsa - Raj P.S. - Sonbarsa Raj, District- Saharsa.
           1.2. Ashutosh Kumar Jha Son of late Chandrachur Jha @ Bhola Jha, Resident of
                Village - Sonbarsa - Raj P.S. - Sonbarsa Raj, District- Saharsa.
           1.3. Bikramditya Jha S/o late Chandrachur Jha @ Bhola Jha Resident of Village -
                Sonbarsa - Raj P.S. - Sonbarsa Raj, District- Saharsa.
           1.4. Chakrapani Kumar Son of late Chandrachur Jha @ Bhola Jha, Resident of
                Village - Sonbarsa - Raj P.S. - Sonbarsa Raj, District- Saharsa.

                                                                              ... ... Petitioner/s
                                                    Versus
           1.    The State Of Bihar.
           2.    The Collector, Saharsa
           3.    The Land Reforms Deputy collector, Saharsa.
           4.    The circle officer, sonbarsa Raj, Saharsa
           5.    The Halka Karamchari Bhade Anchal Sonbarsa Raj District. Saharsa

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Kamal Kishore Singh, Advocate
                                                Mr. Amarnath Singh, Advocate
                                                Mr. Anil Kumar, Advocate
                 For the Respondent/s    :      Mr. Birendra Prasad Singh, AC to SC-19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   03-02-2026                   Heard Mr. Amarnath Singh, learned counsel for the

                   petitioners and the State.

                                 2. The present petition has been preferred for the

                   following relief(s):

                                              “in pursuance of the earlier direction to

                                    the Respondents/Authorities for granting rent

                                    receipt in the name of the petitioner in place of the

                                    name of his father who is dead and after his death
Patna High Court CWJC No.23348 of 2018(3) dt.03-02-2026
                                           2/3




                          the petitioner is only heir applied before the circle

                          officer Sonbarsa Raj for mutating his name in

                          place of his father but the circle officer Sonbarsa

                          Raj on this way or that way pending the same

                          without any action and steps in the Case, under the

                          following facts and circumstances of this case.”

                      3. Learned counsel for the petitioners submit that they

          own a piece of land in the Mauja – Bhada, Thana No. 24 within

          Sonbarsa Police Station in the district of Saharsa.

                      4. The submission is that a Title Suit No. 108 of 1967

          was also filed which came to be disposed of on the basis of

          compromise petition. Further, as the revenue authorities were

          not taking any steps, the petitioner moved before this Court in

          CWJC No. 9694 of 2012 which was disposed of on 15.05.2012

          directing the petitioner to move before competent authority.

                      5. Accordingly, the matter went before the revenue

          authorities and finally traveled to the Court of Deputy Collector

          Land Reforms, Saharsa vide Case No. 01 of 2015 (Chandrachur

          Jha vs Circle Officer, Sonbarsa Raj).

                      6. Learned counsel for the petitioners submit that a

          decade has passed without the matter being taken to its logical

          conclusion.
          Patna High Court CWJC No.23348 of 2018(3) dt.03-02-2026
                                                     3/3




                                 7. Learned State counsel, as usual, prays for time.

                                 8. This Court has option to impose cost and allow

                    adjournment and/or dispose of the case on the basis of materials

                    on record.

                                 9. In that background, with the consent of the parties,

                    the writ petition stands disposed of with a direction to the

                    respondent no. 3, Deputy Collector Land Reforms to notice/hear

                    all the stake holders relating to the case and if the same has still

                    not been disposed of to take the same to its logical conclusion

                    preferably within a period of six months.



                                                  (Rajiv Roy, J)
Adnan/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.