Patna High Court
Rajeev KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court dismissed the petition and declined to set aside the mutation order.
Summary
Petitioners Rajeev Kumar and Pankaj Kumar sought to set aside a mutation order dated 01-12-2026, claiming that the sale of land by alleged sellers was invalid and that they held undisputed title to the land in question. They also requested that the respondents not disturb their possession, open the jamabandi in their names, and stay the impugned order pending the case. The petitioners argued that the sale deeds were fraudulent and that the revenue authorities should correct the record. The court noted that the petitioners intended to approach the superior revenue authority and that procedural steps should be followed, but did not find sufficient grounds to interfere with the mutation order. Consequently, the writ petition was disposed of without granting the reliefs sought.
Issues considered
- Whether the mutation order dated 01-12-2026 should be set aside on the ground of alleged invalid sale deeds
- Whether the respondents should be restrained from disturbing the petitioners' possession of the land
- Whether the jamabandi should be opened in the name of the petitioners
Subjects
- mutation
- land revenue
- possession
- jamabandi
- stay order
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4218 of 2026
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1. Rajeev Kumar S/o Nagendra Prasad Yadav, R/o- Vill.- Kishunpur Mohini,
P.S- Kudhni, Dist.- Muzaffarpur, Pin Code- 844127.
2. Pankaj Kumar, S/o- Binda Singh, R/o- Vill.- Chajan, Haria Rai Tola, P.S-
Turki, Dist.- Muzaffarpur, Pin Code- 844127.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms, Govt. of Bihar, Patna.
2. The District Magistrate, Muzaffarpur, Dist.- Muzaffarpur.
3. The Deputy Collector Land Reforms, West Muzaffarpur, Dist.- Muzaffarpur.
4. Sri Dharmendra Kumar, The Revenue Officer (R.O), As a Circle Officer
Kudhni Muzaffarpur, Dist. Muzaffarpur.
5. Chitranjan, S/o- Sri Chandeshwar Pd. Singh, R/o Vill.- Balaur, P.S- Kudhni,
Dist- Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar No. 1, Adv.
For the Respondent/s : Mr. Gyan Prakash Jha, GA-7
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 07-04-2026 Heard Mr. Arun Kumar-1, learned counsel for the
petitioner and the State.
2. The present application has been preferred for the
following relief(s):
(i) That the illegal, improper,
incorrect and unconstitutional order dt. 01-
12-2026 passed in Mutation Case No. -5992,
R27/2025-2026 by Dharmendra Kumar
(R.O. as C.O.) Circle Officer, Muzaffarpur
contained in Ax. - 3 may kindly be finally set-
aside, whereby and where under, without
Patna High Court CWJC No.4218 of 2026(2) dt.07-04-2026
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considering the reality of fact that Deepak
Kumar and Ashutosh Kumar were not legally
entitled to sale the lands of Akhileshwar
Shahi @ Achileshwar Shahi, because the
(Akhileshwar Shahi) had only one daughter
namely Kundan Devi, who had already sold
her share 2 Acre and 7.5 Dec. of Land which
was the share of Achileshwar Shahi @
Akhileshwar Shahi vide registered sale deed
no. 10861 dt. 21-04-2025 in favor of Sakshi
Priya and she is in possession of said 2 Acre
and 7.5 Dec. of land.
In other hand there is no dispute of
title at all in the share of Laliteshwar Shahi,
who has only one daughter in Law namely
Veena Shahi, W/o - Late Hemant Shahi, sold
her share of 2 Acre and 7.5 Dec. of Land in
favor of the petitioners namely Rajeev
Kumar and Pankaj Kumar vide registered
sale deed dt. - 22-11-2025 bearing sale deed
no. - 34120 and since then the petitioners are
in peaceful possession of the said lands.
There is no dispute of title at all in this land.
(ii) That the Respondents also be
directed to not disturb the possession of the
Land bearing 2 Acre and 7.5 Dec. situated at
Mauza - Thatian, P.S. - Kudhni, Circle
Office- Kudhni, Dist. Muzaffarpur, bearing
Thana No. - 168, Halka Blaur Dih, Khata
No. 1, Plot No. 1143 area of 2 Acre and 7.5
Patna High Court CWJC No.4218 of 2026(2) dt.07-04-2026
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Dec. (207.5 Dec.) boundary whereof is
N- Shivnandan Sahni.
S- Sakshi Priya.
E- Ramnandan Sahni & Suman
Saurabh.
W-Chandeshwar Singh.
(iii) That the Respondents be
strictly directed to open the Jamabandi in the
name of the Petitioners.
(iv) That during the pendency of
this case Respondents be also directed to not
disturb them if they make any constructions
upon the said lands.
(v) That during the pendency of
this writ petition, operation/execution of
impugned order dt. - 01-12-2026 passed in
Mutation Case No. - 5992-R27/2025-2026
(Αχ. - 3) may kindly be directed to remain
stayed and Respondents be directed to make
mutation of lands of Ax. - 1 in favor of the
Petitioners as there is no dispute of title in
this land.
(vi) That any other relief or reliefs
may kindly be granted in favor of the
Petitioner as it may be deemed fit and proper
to the facts and circumstances of this case.
3. After some argument, learned counsel for the
petitioner submits that against the said order, he shall be
approaching the Superior Revenue Authority in next eight
Patna High Court CWJC No.4218 of 2026(2) dt.07-04-2026
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weeks.
4. If such petition is preferred, it will be duty of the
concerned authority to issue notice and hear the parties and
further to take it to its logical conclusion at an earliest,
preferably within a period of six months.
5. The writ petition is disposed of with aforesaid
observation.
(Rajiv Roy, J)
Vijay Singh/-
U
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