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Patna High Court

Kunma DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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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