Patna High Court
Shatrudhan SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- KHATIM REZA
Holding
The Court held that the DCLR must dispose of Mutation Appeal No. 568 of 2025‑26 within two months, affirming that mutation cannot be effected while a title suit is pending under Section 6(12) of the Bihar Land Mutation Act, 2011.
Summary
The petitioners, four brothers, filed a writ petition seeking direction to the Deputy Collector Land Reforms (DCLR) of Rajgir to dispose of Mutation Appeal No. 568 of 2025‑26 within a reasonable time. The appeal challenged a mutation order dated 03‑Oct‑2025 passed by the Circle Officer, Rajgir, which allowed mutation of land despite a pending title suit (Suit No. 128 of 2019) concerning the same parcel. The petitioners argued that the Circle Officer lacked jurisdiction to pass such an order under Section 6(12) of the Bihar Land Mutation Act, 2011. The High Court examined whether the DCLR should be compelled to decide the appeal promptly and affirmed that the statutory provision bars mutation while a title suit is pending. Consequently, the Court directed the DCLR to dispose of the appeal within two months of receiving the order. The writ application was thereafter disposed of with these observations.
Issues considered
- Whether the Circle Officer had jurisdiction to pass a mutation order when a title suit concerning the same land was pending.
- Whether the DCLR must be directed to dispose of the pending mutation appeal within a reasonable time under the Bihar Land Mutation Act, 2011.
Legislation cited
- Bihar Land Mutation Act, 2011 — s. 6(12)
Subjects
- mutation
- land revenue
- title suit
- jurisdiction
- Bihar Land Mutation Act
- writ jurisdiction
- appeal disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6476 of 2026
======================================================
1. Shatrudhan Singh S/o Late Siddheshwar Singh, Resident of Village-
Naipokhar, P.S. and P.O- Rajgir, District- Nalanda, Bihar- 803116.
2. Shri Surendra Singh, S/o Late Siddheshwar Singh, Resident of Village-
Naipokhar, P.S. and P.O- Rajgir, District- Nalanda, Bihar- 803116.
3. Shri Yogendra Singh, S/o Late Siddheshwar Singh, Resident of Village-
Naipokhar, P.S. and P.O- Rajgir, District- Nalanda, Bihar- 803116.
4. Shri Sanjay Singh, S/o Late Siddheshwar Singh, Resident of Village-
Naipokhar, P.S. and P.O- Rajgir, District- Nalanda, Bihar- 803116.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar.
2. The State of Bihar, through the Principal Secretary, Department of Revenue
and Land Reforms, Government of Bihar, Patna.
3. The Collector cum District Magistrate, Nalanda, Bihar.
4. The Deputy Collector Land Reforms (DCLR), Rajgir, Nalanda, Bihar.
5. Circle Officer, Circle- Rajgir, Nalanda, Bihar.
6. Revenue Officer, Circle- Rajgir, Nalanda, Bihar.
7. Gita Kumari, W/o- Late Umesh Sharma, R/o- Village Amera, P.O. Bhathar,
P.S- Tharthari, District- Nalanda, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhinay Priyadarshi, Adv.
For the Respondent/s : Mr. Venkatesh Kirti, AC to GA-2
======================================================
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 directing
respondent no. 4, D.C.L.R., Rajgir, Nalanda to dispose of the
Mutation Appeal No. 568 of 2025-26 within reasonable time.
3. Learned counsel for the petitioners submits that
Mutation Appeal No. 568 of 2025-26 was filed by the petitioners
against the mutation order dated 03.10.2025 passed by the Circle
Officer, Rajgir in Mutation Case No. 1523 of 2025-26. It is further
Patna High Court CWJC No.6476 of 2026(2) dt.12-05-2026
2/2
submitted that in mutation proceeding the objection was raised by
the petitioners with regard to pendency of title suit bearing Title
Suit No. 128 of 2019 before the competent Civil Court for the
same land, nonetheless, the Circle Officer, Rajgir allowed the
aforesaid mutation case. The Circle Officer had no jurisdiction to
pass an order and allow the mutation case when title suit with
regard to the same land between the parties is pending before the
competent Civil Court, which is in teeth of Section 6(12) of the
Bihar Land Mutation Act, 2011.
4. Since the Mutation Appeal No. 568 of 2025-26 is
pending before the D.C.L.R., Rajgir, Nalanda against the order
dated 03.10.2025 passed by the Circle Officer, Rajgir in Mutation
Case No. 1523 of 2025-26 , the D.C.L.R., Rajgir, Nalanda is
directed to dispose of the aforesaid mutation appeal in accordance
with law within a period of two months from the date of
receipt/production of a copy of this order.
5. Accordingly, this writ application is disposed of with
the aforesaid observations.
(Khatim Reza, J)
prabhat/-
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