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Patna High Court

Nishi KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition was disposed without granting the writs of certiorari or mandamus.

Summary

The petitioner, Nishi Kumari, filed a writ petition seeking a certiorari to quash a mutation order dated 3 March 2021 issued by the Circle Officer and a mandamus directing the authorities to mutate her name on the land records and issue a rent receipt based on a sale deed dated 3 September 2020. The petition raised the question of whether the mutation order was legally valid and whether the court could compel the revenue officials to amend the record and provide a rent receipt. The learned counsel for the petitioner argued that the mutation should be corrected and the rent receipt issued. The court, after hearing the parties, granted the petitioner liberty to approach the appropriate authority or court for redressal of her grievance. No substantive order was made to quash the mutation or to direct the issuance of a rent receipt, and the petition was subsequently disposed.

Issues considered

  • Whether the order dated 3.3.2021 in Mutation Case No. 1641 R 27/2020-21 can be quashed by a writ of certiorari
  • Whether a writ of mandamus can be issued directing the mutation of the petitioner's name and issuance of a rent receipt

Subjects

  • mutation
  • certiorari
  • mandamus
  • land reforms
  • writ jurisdiction
  • property law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.3283 of 2026
                 ======================================================
                 Nishi Kumari W/o Shri Navin Kislay, Resident of Village-Phulkaha, P.S.-
                 Shyampur, District-Sheohar.

                                                                         ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Addl. Chief Secretary, Revenue and Land
                 Reforms Department, Govt. of Bihar, Patna.
           2.    The District Magistrate, Sheohar.
           3.    The Deputy Collector Land Reforms, Dumri Katsari, Sheohar.
           4.    The Circle Officer, Dumri Katsari, Sheohar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Masoom Alam, Advocate
                 For the Respondent/s   :      Mr. Government Pleader (7)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   04-05-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief(s):

                                             “for issuance of an appropriate writ in

                                  the nature of Certiorari for quashing the order

                                  dated 3.3.2021 in Mutation Case No. 1641 R

                                  27/2020-21 passed by the respondent no. 4, and

                                  further a writ in the nature of Mandamus directing

                                  the respondents to mutate the petitioner's name

                                  with respect to the land and issue rent receipt on

                                  the basis of the registered sale deed dated

                                  03.09.2020.”
          Patna High Court CWJC No.3283 of 2026(3) dt.04-05-2026
                                                      2/2




                                3. After some arguments, learned counsel for

                    petitioner submits that she shall be approaching appropriate

                    authority/Court for the redressal of the grievance.

                                4. Granting said liberty, the writ petition stands

                    disposed of.



                                                  (Rajiv Roy, J)
Adnan/-

U


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