Patna High Court
Kunma DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is not maintainable before this Court and must be pursued through an appeal to the appropriate appellate authority.
Summary
Kunma Devi filed a writ petition seeking a certiorari to quash the Circle Officer's order rejecting mutation of her land and also sought mandamus to compel the authorities to create a Jamabandi, issue rent receipts, and pay compensation for land used for public works. The respondents, comprising various state officials, argued that the order is appealable before the appropriate appellate authority. The Court observed that the petition does not lie before this Court as the remedy lies in filing an appeal to the appellate authority. Consequently, the petition was disposed without granting any relief, with a direction that the petitioner pursue the matter through the proper appellate channel.
Issues considered
- Whether the order of the Circle Officer rejecting mutation of land is amenable to writ jurisdiction under the Constitution.
- Whether the petitioner is entitled to mandamus for creation of Jamabandi, issuance of rent receipt, and compensation for land used for public infrastructure.
Subjects
- land mutation
- certiorari
- mandamus
- Jamabandi
- compensation
- writ jurisdiction
- appealability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4107 of 2026
======================================================
Kunma Devi Wife of Jagdev Paswan @ Jagdev Gorait, resident of village-
Sobh, P.S.-Barachatti, District- Gaya. ... ... Petitioner/s
Versus
1. The State of Bihar through the Collector, Gaya.
2. The Additional Collector, Gaya.
3. The Sub-Divisional Officer, Sherghati, Gaya.
4. The D.C.L.R., Sherghati, Gaya.
5. The Circle Officer, Barachatti, Gaya.
6. Gauri Devi, W/o Suraj Deo Singh, resident of village- Sobh, P.S. -
Barachatti, District- Gaya.
7. Meena Devi, W/o Jai Ram Yadav, resident of village- Sobh, P.S. - Barachatti,
District- Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nikhilesh Kumar, Advocate
For the Respondent/s : Md. Zeeshan Kalim, AC to SC-20
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 28-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of a writ in the nature of
Certiorari to quash the order dated
20.03.2025 passed by the Circle Officer,
Barachatti, Gaya in Misc. Case No. 1/2024-
25 by which he rejected mutation of the land
in question in the name of the petitioner and
further for issuance of a writ in the nature of
Mandamus and/or any other appropriate
writ, order or direction commanding upon
Patna High Court CWJC No.4107 of 2026(3) dt.28-04-2026
2/2
the respondents to create Jamabandi in the
name of the petitioner according to the Land
Settlement Parwana No.04 of 1993-94 and
issue rent receipt to the petitioner and to pay
compensation to the petitioner for the part
area of 18 decimal land over which the
respondents authority have constructed
Road, Anganbari Centre & Passenger Shed;
3. Learned State counsel points out that the order of
the Circle Officer, Gayaji has been challenged which is
appealable.
4. Learned counsel for the petitioner submits that an
appropriate petition shall be preferred before the Appellate
Authority.
5. Learned State counsel submits that if the petition is
preferred by the petitioner in next for weeks, the same shall be
taken to its logical conclusion at an earliest after
noticing/hearing all the parties.
6. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
Ravi/-
U
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