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Patna High Court

Amar Kumar PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition was disposed of with a direction to the Deputy Collector Land Reforms, East, Muzaffarpur to hear the parties and pass a mutation order within three months.

Summary

The petitioner, Amar Kumar Paswan, sought a writ of mandamus to compel the revenue authorities to mutate a parcel of land in his favour, asserting that a Title Appeal (No. 19 of 2011) had granted his vendor absolute title and that a sale deed dated 15 March 2021 transferred the land to him. The Circle Officer, Mushari, rejected the mutation application on the ground that the Jamabandi was running in favour of the State, an order the petitioner alleged was mala fide. The petitioner also filed a petition before the Deputy Collector Land Reforms, which remained pending. The court noted that no appeal against the Title Appeal order had been filed by the State and that the Deputy Collector was duty‑bound to conclude the pending mutation matter without undue delay. Consequently, the court disposed of the writ petition, directing the Deputy Collector to hear all parties and pass a mutation order within three months of the petitioner's fresh application, rather than granting the writ.

Issues considered

  • Whether the Circle Officer's order rejecting the mutation application is legally valid and can be set aside.
  • Whether the petitioner is entitled to mutation of the land in his favour based on the Title Appeal and sale deed.
  • Whether the Deputy Collector Land Reforms should be directed to expedite the pending mutation application.

Subjects

  • mutation
  • land revenue
  • title suit
  • mandamus
  • administrative law
  • Bihar
  • land reforms
  • pending petition

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.4903 of 2026
                 ======================================================
                 Amar Kumar Paswan Son of Late Musafir Paswan, Resident of Village-
                 Nazirpur, P.S.- Ahiyapur, District- Muzaffarpur.

                                                                       ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Land and Revenue
                 Department, Government of Bihar, Patna.
           2.    The Commissioner, Tirhut Division, Muzaffarpur.
           3.    The District Magistrate-cum-Collector, Muzaffarpur.
           4.    The Additional Collector, Muzaffarpur.
           5.    The D.C.L.R., East, Muzaffarpur.
           6.    The Circle Officer, Mushari, Muzaffarpur.
           7.    Sri Sudhanshu Shekhar, Son of not known, the then Circle Officer, Mushari,
                 Muzaffarpur.
           8.    Sri Krishna Kumar, Son of not known, the present D.C.L.R., East,
                 Muzaffarpur.
           9.    Sri Jay Chandra Yadav, Son of not known, the then D.C.L.R., East,
                 Muzaffarpur.
           10. Sri Sanjay Kumar, Son of not known, D.C.L.R., East, Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Krishna Kant Singh, Adv.
                 For the Respondent/s   :        Mr. S. Raza Ahmad, AAG-5
                                                 Mr. Vishwambhar Prasad, AC to AAG-5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   20-04-2026                   Heard Mr. Krishna Kant Singh, learned counsel for the

                   petitioner and Mr. Vishwambhar Prasad

                               2. The present application has been preferred for the

                   following relief(s):

                                                     (i) For issuance of a writ in the
                                            nature of mandamus directing the concerned
                                            respondents to mutate the land as fully
                                            described in Para-8, 9 & 10 of the instant
Patna High Court CWJC No.4903 of 2026(2) dt.20-04-2026
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                                 writ application in favour of the petitioner in
                                 view of the facts that by virtue of judgment
                                 and decree dated 08.11.2019 passed in Title
                                 Appeal No.19/2011 the vendor of the
                                 petitioner has got absolute right, title and
                                 possession over the land and new Jamabandi
                                 No.376, 377 and 378 was created in favour
                                 of the vendor of petitioner and though the
                                 petitioner is in peaceful possession of the
                                 land by virtue of valid sale deed and the
                                 same was recommended for mutation in
                                 favour of the petitioner by the Revenue
                                 Karamchari but the Circle Officer, Mushari,
                                 Muzaffarpur with malafide intention and
                                 because of refusing to oblige him has
                                 rejected the same on frivolous ground that
                                 the Jamabandi is running in favour of State
                                 Government by order dated 23.10.2021
                                 passed in Mutation Case No.1433 R27/2021-
                                 22, 1436 R27/2021-22 and 1377 R27/2021-
                                 22.
                                              (ii) For setting aside the order
                                 dated 23.10.2021 passed in Mutation Case
                                 No.1433 R27/2021-22, 1436 R27/2021-22
                                 and 1377 R27/2021-22 passed by Circle
                                 Officer, Mushari, Muzaffarpur and after
                                 setting aside the same direct for mutating the
                                 land in favour of the petitioner.
                                              (iii)      For   other   necessary
                                 relief/reliefs to which the petitioner may be
Patna High Court CWJC No.4903 of 2026(2) dt.20-04-2026
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                                 found entitled in the facts of the case.
                       3. The matter relates to a piece of land, details of

          which is/are as under:

                                      C.S. Khata No. 46;
                                      CSP No- 113(P);
                                      R.S. Khata No. 193;
                                      RSP No.- 464;
                                      Area- 3 Acre 82 decimal at Village-
                          Bakhari Chandan in the district of Muzaffarpur.
                       4. The plaintiff including the Bhola Rai (from whom

          the petitioner claims to have purchased the lands) filed Title Suit

          No. 152 of 2004 (Ram Bilas Bhagat & ors. vs. State) which

          went against them vide an order dated 29.11.2011 (Annexure-1

          to the petition).

                       5. Aggrieved, the Title Appeal No. 19 of 2011 was

          preferred which was allowed and the order dated 21.11.2011 in

          Title Suit No. 152 of 2004 was set aside (Annexure-2 to the

          petition).

                       6. It is the case of the petitioner that subsequently by

          sale deeds, on 15.03.2021, 12 decimal, 53 and 52 decimal

          (totaling 117 decimal) was/were purchased from Bhola Rai as

          also Phool Kumari (they have not been made party respondent

          in the case) and the submission before this Court is that the

          Circle Officer rejected the application for mutation vide an order
Patna High Court CWJC No.4903 of 2026(2) dt.20-04-2026
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          dated 23.10.2023 in Mutation Case No. 1377 R 27 of 2021-

          22/Mushari.

                      7. Against the said rejection order, the petitioner

          preferred appropriate petition before the Deputy Collector Land

          Reforms, East, Muzaffarpur which according to him, is still

          pending in his office.

                      8. Learned State Counsel submits that since the

          petition is preferred before the DCLR, East, Muzaffarpur, it will

          be taken to its logical conclusion.

                      9. This Court has recorded the entire facts of the case

          which shows that after the Title Appeal No. 19 of 2011 (Ram

          Bilas Bhagat & ors. vs. State of Bihar) was allowed where after

          hearing all the parties including the State respondents on

          08.11.2019, subsequently, Bhola Rai and Phool Kumar Devi

          sold certain piece of land out of 3.82 decimal.

                      10. There is nothing on record to show and it is the

          case of the petitioner that to his knowledge, the State has not

          preferred any application against the said order passed in Title

          Appeal No. 19 of 2011, in that background, after putting Bhola

          Rai, Phool Kumari Devi, Ram Bilas Bhagat, Ashok Kumar

          Singh, Dilip Kumar Singh and Hasni Devi/ their heirs, the

          DCLR East, Muzaffarpur is duty-bound to take the matter to its
           Patna High Court CWJC No.4903 of 2026(2) dt.20-04-2026
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                     logical conclusion. He/she cannot sit over the matter for an

                     indefinite period.

                                 11. In that background and taking into account that no

                     order has been passed yet, as informed by learned counsel for

                     the petitioner, with the consent of the parties, the writ petition is

                     disposed of directing the respondent no. 5, the Deputy Collector

                     Land Reforms, East, Muzaffarpur to take up the case, hear all

                     the parties, as recorded above including the State of Bihar and

                     pass a necessary order on the application preferred by the

                     petitioner preferably within a period of three months from the

                     date the petitioner prefers an application annexing the order

                     passed by this Court.

                                 12. The writ petition is disposed of with aforesaid

                     observation.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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