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Patna High Court

KhurshidversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Circle Officer must decide the mutation application and cannot hold the matter indefinitely.

Summary

The petitioner, Khurshid, sought a writ directing the Circle Officer of Palasi to process the mutation of his land (Khata No. 76, Khesra No. 2478) which had been rejected by the officer. The Deputy Collector had earlier set aside the Circle Officer’s order and instructed a fresh decision, but no further action was taken. The State argued that the Karmchari’s report showed a name mismatch with the Jamabandi register. The Court held that the Circle Officer cannot indefinitely postpone the decision and must resolve the matter, hearing the parties if necessary. Accordingly, the Court ordered the Circle Officer to decide the mutation case within eight weeks, disposing of the writ petition.

Issues considered

  • Whether the Circle Officer can indefinitely delay the mutation of land pending a Karmchari’s report.
  • Whether the petitioner is entitled to a judicial direction for the mutation of his land under land reform provisions.

Subjects

  • land mutation
  • circle officer
  • writ petition
  • administrative law
  • Jamabandi
  • land reforms
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3891 of 2026
                 ======================================================
                 Khurshid Son of Md kasim, Village-Sakin-Ram Nagar Tola Kumhiya, Ward
                 No.-04 Police Station- Palasi, District-Araria (Bihar)

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the chief Secretary Govt of Bihar, Patna.
           2.    The additional Chief Secretary, Department of Revenue and land reforms
                 Department, government of Bihar Patna.
           3.    The collector, Araria
           4.    The Circle officer, Palasi, Araria

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shivam Prerna, Advocate
                                          :        Mr. Shardanand, Advocate
                                          :        Ms. Loverly Kumari, Advocate
                 For the State            :        Mr. Dhurjati Kumar Prasad, GP-14
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   31-03-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                              “for issuance of an appropriate writ 1, order

                                        or direction commanding the respondents for

                                        considering Lands of the petitioner before the

                                        Circle    Officer    Palasi,    District-Araria    for

                                        mutation of land bearing Khata No. 076, Khesra

                                        no.-2478 Tauzi No.-8, Thana No.-115 Situated at

                                        Mauza Arari 15 Decimal Ram Nagar, Thana

                                        Palasi, Circle-Palasi Dist-Araria Which is
Patna High Court CWJC No.3891 of 2026(2) dt.31-03-2026
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                             pending mutation before the Circle Officer,

                             Palasi, District-Araria, petitioner filed objection

                             petition before the competent authorities and

                             also represented before Authorities but till date

                             no action taken on the representation and/or for

                             any other order/s as your Lordships may deem fit

                             and proper under the circumstances of the

                             Case.”


                      3. The matter relates to a piece of land as under:

                             “Khata No. 76, Khesra No. 2478, Tauzi No.8,

                             Thana No. 115 (0.15 decimal) in Circle-Palasi,

                             District-Araria.”

                      4. In the first round of litigation, the Circle Officer,

          Palasi rejected the claim which followed the petitioner’s family

          moved before the Deputy Collector, Land Reforms, Araria and

          vide an order dated 16.01.2025, the concerned officer set aside

          the order of the Circle Officer, Palasi directing him/her to take a

          fresh decision in the matter (Annexure-P/4 to the petition).

                      5. Thereafter, the petition has again been filed but the

          contention is that the same has not been taken to its logical

          conclusion.

                      6. Learned State counsel has drawn the attention of
            Patna High Court CWJC No.3891 of 2026(2) dt.31-03-2026
                                                        3/3




                      this Court to the report which is part of the writ petition to show

                      that the ‘Karmchari’ has recorded that the name do not match

                      with the Jamabandi Register.

                                  7. This Court is of the opinion that the Circle Officer,

                      Palasi cannot hold the matter indefinitely and he/she has to take

                      a decision on the report submitted by the ‘Karmchari’ as also

                      hearing the parties if there is any confusion.

                                  8. In that background, the writ petition is disposed of

                      directing the Circle Officer, Palasi to take up the matter and if

                      the same has not been disposed of, to take the same to its logical

                      conclusion within a period of eight weeks from the date the

                      copy of the order is handed over to his/her office.



                                                    (Rajiv Roy, J)
vinayak/-

U


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