Patna High Court
Ayesha KhatoonversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court ordered the Circle Officer to decide the mutation application immediately and imposed a penalty for failure to do so by the specified date.
Summary
The petitioners, heirs of the deceased Ayesha Khatoon, sought a writ of mandamus directing the Circle Officer, Kochas, to mutate land in their favour pursuant to an order of the Bihar Land Tribunal (Case No. 1115/2017). The Tribunal had ordered mutation of the land, but the Circle Officer failed to act on the application, compelling the heirs to approach the High Court. The State respondents argued that the petition merely reiterated the Tribunal’s findings without indicating any further steps. The Court held that the Circle Officer must promptly decide any pending mutation application of the heirs and imposed a monetary penalty of Rs 10,000 for non‑compliance by 31 March 2026. Consequently, the writ petition was disposed of with the direction that the Circle Officer comply or pay the penalty.
Issues considered
- Whether the Circle Officer, Kochas, is obligated to order mutation of the land in accordance with the Bihar Land Tribunal’s order.
- Whether a writ of mandamus can be issued to compel the administrative officer to act on the mutation application.
- Whether a penalty may be imposed on the officer for failure to comply within a stipulated time.
Subjects
- land mutation
- writ of mandamus
- Bihar Land Tribunal
- Circle Officer
- property inheritance
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3156 of 2018
======================================================
1.1. Mohammad Kalam Ansari Son of Late Ayesha Khatoon, Resident of
Village-Balihar, P.O. and P.S.-Surajpura, District-Rohtas.
1.2. Mohammad Salam, son of Late Ayesha Khatoon, Resident of Village-
Balihar, P.O. and P.S.-Surajpura, District-Rohtas.
1.3. Mashowar Ali Son of Late Ayesha Khatoon, Resident of Village-Balihar,
P.O. and P.S.-Surajpura, District-Rohtas.
1.4. Jaitan Bibi Wife of Late Essa Ansari, Daughter of Late Ayesha Khatoon
Resident of Ward No. 14, Kashap Muhalla Jagdishpur, Bhojpur, Bihar-
802158.
1.5. Sarwari Khatun, Wife of Manoj Ansari, Daughter of Late Ayesha Khatoon
Resident of Ward No. 02, Pachhim Patli, Rohtas, Bihar-802215.
1.6. Maherun Nesha, Wife of Yousuf Ansari, Daughter of Late Ayesha Khatoon
Resident of H. No. 18, BL3, NO Railway Sidding, Bhatpura (M), North-24
Pargana Jagaldal, West Bengal-743125.
1.7. Naimun Nisha Wife of Rafi Ahmad Khan, Daughter of Late Ayesha Khatoon
Resident of Muradabad Kalan, Muradabad, Sasaram, Rohtas, Bihar-821113.
1.8. Kaimun Khatun Wife of Naseem Ansari, Daughter of Late Ayesha Khatoon
Resident of Village-Madaina, Post-Goshaldih, Gosal Dih, Rohtas,
Goshaldih, Bihar-802212l.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue Department.
2. The Joint Director, Consolidation Headquaters Bihar, Patna.
3. The Deputy Director, Consolidation, Rohtas at Sasaram.
4. The Assistant Consolidation, Officer, Karagahar, District- Rohtas.
5. The Circle Officer, Kochas, Sasaram, District- Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Shweta Anand, Advocate
: Mr. Dr. Shashi Shekhar Kishore, Advocate
For the State : Mr. Dhurjati Kumar Prasad, GP-14
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 12-01-2026 Heard Mrs. Shweta Anand, learned counsel for the
petitioner and Mr. Subodh Kumar Mishra, learned AC to GP-14
representing the State.
Patna High Court CWJC No.3156 of 2018(5) dt.12-01-2026
2/3
2. The present petition has been preferred for the
grant of following relief(s):
“for issuance of a writ in the nature of
a writ of mandamus commanding the
respondents to mutated the land of the petitioner
pursuant to the order passed by learned Court of
Bihar Land Tribunal, Patna in B.L.T. Case No.-
1115/2017 with other analogous cases set aside
the order passed by Consolidation Officer,
Kotchas, Sasaram to mutated the land in the
name of petitioner except those which she has
sold by petitioner.”
3. Armed with the order passed by the Bihar Land
Tribunal dated 23.08.2017 in favour of the original writ
petitioner, Ayesh Khatoon (since deceased), petition for
mutation of the land was preferred before the respondent no.5,
Circle Officer, Kochas, Sasaram.
4. The only thing, the Circle Officer, Kochas was
expected to do was to take a decision in the matter. Instead,
he/she sat over the mutation application preferred by the
original writ petitioner forcing her to move before this Court. As
recorded above, she is no more and now stands
Patna High Court CWJC No.3156 of 2018(5) dt.12-01-2026
3/3
replaced/substituted by the heirs.
5. A counter affidavit has come on behalf of the
respondent no. 3 and 4. A perusal of the same would show that
the entire facts of the writ petition has been incorporated in it
without taking it further as to the step that the respondents
intend to take.
6. In that background, this Court has no option but to
allow the writ petition directing the Circle Officer, Kochas,
Sasaram to immediately take a decision on any fresh
petition/application preferred by the heirs of Ayesha Khatoon (as
the lady who fought and won the battle in B.L.T. is no more), if
the decision has not yet been taken.
7. Failure to do so by 31.03.2026, the Circle Officer,
Kochas, Sasaram shall be paying Rs.10,000/- from his/her own
pocket to the heirs of late Ayesha Khatoon.
8. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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