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Patna High Court

Subhash Chandra SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed of with a direction to the District Magistrate‑cum‑Collector to consider any representation filed by the petitioner within six weeks.

Summary

The petitioner, Subhash Chandra Singh, filed a writ petition seeking a direction to rectify a land mutation receipt that remained in his deceased father's name and to have the mutation transferred to his name as the legal heir. He also requested liberty to withdraw the writ and instead file a detailed representation before the District Magistrate‑cum‑Collector of West Champaran. The court heard counsel for both sides and allowed the petitioner's request to withdraw the writ. Consequently, the court disposed of the writ petition and directed the District Magistrate‑cum‑Collector to consider any representation filed by the petitioner, afford a hearing to the parties, and decide the matter within six weeks, in accordance with law.

Issues considered

  • Whether the court can direct the administrative authority to rectify a land mutation receipt in the name of a deceased person.
  • Whether the petitioner may withdraw the writ petition and pursue relief through a representation before the District Magistrate‑cum‑Collector.

Subjects

  • mutation
  • land records
  • writ petition
  • civil writ jurisdiction
  • representation
  • district magistrate
  • land reforms

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.2698 of 2026
                 ======================================================
                 Subhash Chandra Singh Son of Late Lalji Singh, Resident of Village
                 Naraipur, Ward No.11, P.S. Bagaha (Pathkhauli O.P.), District- West
                 Champaran.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Department of Land
                 Reforms, Govt. of Bihar, Patna.
           2.    The Deputy Development Commissioner, West Champaran, Bettiah.
           3.    The District Magistrate-cum-Collector, West Champaran, Bettiah.
           4.    The Deputy Collector, West Champaran, Bettiah.
           5.    The S.D.O. Bagaha, West Champaran.
           6.    The Circle Officer, Piprashi, West Champaran (Bihar).

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Suresh Prasad Sharma, Advocate
                 For the Respondent/s   :     Mr. Manoj Kumar, AC to GP(04)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   19-02-2026                    Heard Mr.Suresh Prasad Sharma, learned counsel

                   appearing on behalf of the petitioner and Mr. Manoj Kumar,

                   learned AC to Government Pleader (04) for the State.

                               2. The petitioner in paragraph no. 1 of the present writ

                   petition has sought, inter alia, the following relief(s), which is

                   reproduced hereinafter:-

                                                             “1. That in this writ application is
                                               being filed for a direction to the respondents
                                               concern to rectify the mutation receipt which is
                                               running in the name of the father of the
                                               petitioner while the father of the petitioner has
                                               died much earlier and further direction may be
                                               given to respondent wherein to allow the
                                               mutation receipt in name of the petitioner who is
                                               legal heir of his father
                                                             And/Or
                                                             pass such any other order/orders
           Patna High Court CWJC No.2698 of 2026(2) dt.19-02-2026
                                                       2/2




                                                     direction /directions for which the petitioner is
                                                     found to be entitled in the facts and
                                                     circumstances of this case.”

                                 3. Learned counsel appearing on behalf of the

                     petitioner seeks to withdraw the present writ petition with a

                     liberty to file a detailed representation before the District

                     Magistrate-cum-Collector, West Champaran for the relief(s) as

                     prayed for in the present writ petition.

                                 4. The present writ petition stands disposed of with a

                     direction to the District Magistrate-cum-Collector, West

                     Champaran, to consider and dispose of the representation, if

                     any, filed on behalf of the petitioner for the relief(s) as prayed

                     for in the present writ petition, after giving due opportunity of

                     hearing to the respective parties, in accordance with law well

                     within a period of six weeks.



                                               (Purnendu Singh, J)
Ashishsingh/-

U


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