Patna High Court

Manorama DeviversusThe State of Bihar

Decided: 12 May 2026
Disposal: DISPOSED
Bench: KHATIM REZA

Holding

The High Court held that the petitioner must first avail the remedy under Section 7 of the Bihar Land Mutation Act, 2011 by filing an appeal before the District Collector of Land Records.

Summary

Manorama Devi filed a writ petition challenging a mutation order dated 12 January 2026 issued by the Anchaladhikari of Kadwa, Katihar, which rejected her application while a similar one was allowed. The petitioner argued that the rejection was arbitrary and sought relief directly from the High Court. The Court observed that the petitioner had not availed the remedy provided under Section 7 of the Bihar Land Mutation Act, 2011, which requires an appeal to the District Collector of Land Records (D.C.L.R.). Accordingly, the Court directed the petitioner to file an appeal before the appropriate D.C.L.R. within four weeks, noting that any time spent in this Court could be counted towards condoning limitation. The writ application was therefore disposed of with the direction to pursue the statutory remedy.

Issues considered

Whether the petitioner can directly approach the High Court without first invoking the remedy under Section 7 of the Bihar Land Mutation Act, 2011
Whether the mutation order can be challenged by a writ petition in the High Court

Legislation cited

Bihar Land Mutation Act, 2011 — s. 7

Subjects

mutation
land revenue
writ jurisdiction
administrative law
limitation
appeal
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.6358 of 2026
                 ======================================================
                 Manorama Devi, Wife of Prakash Yadav, Resident of Village- Muradpur
                 (Bhogaon), Post Office- Milik Pahlagarh, Police station- Kadwa, District-
                 Katihar (Bihar) PIN Code- 855114.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of Revenue
                 and Land Reforms, Government of Bihar, Patna.
           2.    The Director, Department of Revenue and Land Reforms, Government of
                 Bihar, Patna.
           3.    The District Collector, Katihar.
           4.    The Deputy Collector, Land Reforms, Barsoi District- Katihar.
           5.    The Anchal Adhikari, Anchal Kadwa, District- Katihar.
           6.    Azad Ali, Son of Late Farijuddin, Resident of Village- Majhaili, Post Office-
                 Milik Pahlagash, Police Station- Pranpur, District- Katihar.
           7.    Mr. Shyama Nand Roy, Son of Late Krityanand Roy, Resident of Village and
                 Post Office- Arihana, Police Station- Azam Nagaqr, District- Katihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Jibendra Mishra, Adv.
                 For the State          :       Mr. Tripurari Nath Ambastha, AC to SC-26
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   12-05-2026                    Heard learned counsel for the parties.

                                 2. This writ application has been filed for challenging

                   the Mutation order dated 12.01.2026 passed in Mutation Case

                   No. 781 R27/ 2025-26 by the Anchaladhikari, Kadwa, Katihar.

                                 3. Learned counsel for the petitioner submits that

                   Anchaladhikari, Kadwa, Katihar arbitrarily rejected the

                   mutation case of the petitioner while other mutation application

                   relating to the same land has been allowed by the
            Patna High Court CWJC No.6358 of 2026(2) dt.12-05-2026
                                                        2/2




                      Anchaladhikari, Kadwa, Katihar therefore, the petitioner has

                      filed this writ application directly before this Court.

                                  4. It is apparent from the record that this writ

                      application has been filed against the order dated 12.01.2026

                      passed in Mutation Case No. 781 R27/2025-26 by the

                      Anchaladhikari, Kadwa, Katihar directly before this Court

                      without availing Section 7 of the Bihar Land Mutation Act,

                      2011. The appropriate remedy would lie before the learned

                      D.C.L.R. of the concerned District.

                                  5. Having regard to the aforesaid provisions, the

                      petitioner, if so advised, may file appeal before the concerned

                      D.C.L.R. of the District.

                                  6. If the petitioner files any appeal before the

                      appropriate forum within a period of four weeks, the period

                      consumed in this Court shall be taken into consideration while

                      condoning the limitation, if any.

                                  7. The application stands disposed of with the

                      aforesaid direction/observation.



                                                  (Khatim Reza, J)
prabhat/-

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