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Patna High Court

Suresh RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed without granting the writ; the petitioner is directed to approach the Deputy Collector, Land Reform for further relief.

Summary

The petitioner, Suresh Ray, filed a writ petition seeking a certiorari to set aside an order dated 17 January 2026 issued by the Circle Officer (respondent No.4) that dismissed the mutation application filed by the purchaser of his land. He also requested that the land be mutated in the purchaser's name based on a report dated 7 December 2025 submitted by a Halka Karamchari. The court noted that the petitioner intended to approach the Deputy Collector, Land Reform (respondent No.3), within four weeks for a fresh application. The State counsel agreed that if the petition is filed before the Deputy Collector, the matter would be taken up and disposed of promptly. Consequently, the High Court disposed of the writ petition, directing the petitioner to pursue relief through the Deputy Collector rather than granting the writ.

Issues considered

  • Whether the order of the Circle Officer dismissing the mutation application is liable to be set aside by a writ of certiorari.
  • Whether the court can direct mutation of the land in favor of the purchaser based on the Halka Karamchari report.

Subjects

  • mutation
  • land reform
  • certiorari
  • writ petition
  • land records
  • administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5447 of 2026
                 ======================================================
                 Suresh Ray Son of Late Gati Rai Resident of Village- Keshari Mathiya, Police
                 Station- Ekma, District - Saran at Chapra.

                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Principal Secretary Department of Revenue and
                 Land Reforms, Bihar, Patna.
           2.    The District Collector, Saran at Chapra.
           3.    The Deputy Collector, Land Reform, Saran at Chapra.
           4.    The Circle Officer, Ekma Circle, Saran at Chapra.
           5.    Dinesh Kumar Rai, Son of Late Babulal Rai Resident of Village Keshari,
                 Police Station- Ekma, District- Saran at Chapra.
           6.    Trilok Nath Rai, Son of Late Babulal Rai Resident of Village Keshari, Police
                 Station- Ekma, District- Saran at Chapra.
           7.    Om Prakash Rai, Son of Late Babulal Rai Resident of Village Keshari,
                 Police Station- Ekma, District- Saran at Chapra.
           8.    Ramesh Chandra Rai, Son of Late Babulal Rai Resident of Village Keshari,
                 Police Station- Ekma, District- Saran at Chapra.
           9.    Rajani Kumar, Wife of Jankejay Kumar Dubey Resident of Village Keshari,
                 Police Station- Ekma, District- Saran at Chapra.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Pramod Ban Bihari Singh, Advocate
                 For the Respondent/s   :        Mr.Government Pleader (4)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   27-04-2026                 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 set aside the order dated 17. 1.
Patna High Court CWJC No.5447 of 2026(2) dt.27-04-2026
                                            2/3




                                  2026 passed by respondent no. 4 in Mutation

                                  Case 807 R27/2025/2026 whereby and

                                  whereunder the respondent no 4 was pleased

                                  to dismissed the Mutation application filed

                                  by the purchaser of petitioner;

                                  (ii) for any other appropriate writ after set

                                  aside the order dated 17. 1 2026 be further

                                  pleased to direct the respondent no to

                                  mutated the land In the name of the

                                  purchaser of the petitioner in the light of

                                  report dated 7. 12. 2025 submitted by the

                                  Halka Karamchari;

                                  (iii) for any other appropriate writ/writs,

                                  order/ orders, direction/ directions as your

                                  lordships may deem fit and proper.

                       3. After some argument, learned counsel for the

          petitioner submits that he shall be approaching the respondent

          no.3, the Deputy Collector, Land Reform, Saran at Chapra in

          next four weeks.

                       4. Learned State counsel submits that if such petition

          is preferred in next four weeks before the respondent no.03, the

          Deputy Collector, Land Reform, Saran at Chapra, the concerned
         Patna High Court CWJC No.5447 of 2026(2) dt.27-04-2026
                                                     3/3




                   authority shall be taking up the matter after noticing/hearing all

                   the parties, it be disposed of at an earliest.

                                5.    The writ petition stands disposed of with the

                   aforesaid observation.



                                                 (Rajiv Roy, J)
Ravi/-

U


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