Patna High Court
KhurshidversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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
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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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