Patna High Court
Suresh RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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
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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
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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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