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Patna High Court

Rajendra SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the Circle Officer to dispose of the pending mutation cases within three months, thereby granting the writ of mandamus.

Summary

Petitioner Rajendra Singh filed a writ petition seeking a mandamus directing the Circle Officer, Patna Sadar, to dispose of two pending mutation cases (Nos. 6309R27 and 6481R27 of 2023-24) concerning his recently purchased land and to order the issuance of land revenue receipts upon mutation. The petitioner claimed peaceful possession of the land and alleged undue delay by the revenue officials. The primary issue was whether the Circle Officer could be compelled by a writ of mandamus to expedite the mutation process and issue the requisite receipts. The Court examined the petitioner's entitlement to mutation under the land revenue statutes and the administrative duty of the Circle Officer to act within reasonable time. Concluding that the petitioner’s rights were being infringed by the delay, the Court directed the Circle Officer to dispose of the mutation cases within three months and accordingly disposed of the writ petition.

Issues considered

  • Whether the Circle Officer, Patna Sadar, can be directed by a writ of mandamus to dispose of pending mutation cases concerning the petitioner’s land
  • Whether the Circle Officer must direct the Kramchari to issue land revenue receipts upon granting mutation

Subjects

  • mutation
  • mandamus
  • land revenue
  • property law
  • administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.7471 of 2024
                 ======================================================
                 Rajendra Singh son of Late Charan Singh, Resident of M/S Bhargo Saw Mill
                 Compound, Mithapur, P.S.- Jakkanpur, District- Patna.

                                                                       ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the Principal Secretary, Revenue and Land
                 Reforms Department, Government of Bihar, Patna.
           2.    The District Collector, Patna.
           3.    The Land Reforms Deputy Collector, Patna.
           4.    The Circle Officer, Patna Sadar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vinay Mistry
                 For the Respondent/s     :        Mr. Yogendra Prasad Sinha, AAG-7
                                                   Mr. Rajeev Kumar Sinha, AC to AAG-7
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   20-04-2026                  Heard the parties.

                               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 Circle Officer, Patna
                                              Sadar, Patna to dispose of Mutation Case No.
                                              6309R27 of 2023-2024 and Mutation Case No.
                                              6481R27 of 2023-2024 (Annexure-P-2 Series)
                                              which has been filed by the petitioner on
                                              28.07.2023 and 31.07.2023 for mutation of his
                                              land appertaining to Khata No. 31, Khesra No.
                                              560 measuring an area 1.5 decimal situated at
                                              Mauza- Prithavipur, P.S.- Kankarbagh, District-
                                              Patna as the petitioner has purchased the
                                              aforesaid land through separate registered sale
           Patna High Court CWJC No.7471 of 2024(2) dt.20-04-2026
                                                       2/2




                                            deed dated 26.03.2023 from the rightful owner
                                            of the land-Sri Manoj Kumar Singh and Sri
                                            Vinod Singh and since then the petitioner has
                                            been coming in peaceful exclusive possession
                                            thereon without any objection of anybody in the
                                            facts and circumstances of this case.
                                                         (ii) For issuance of a writ in the
                                            nature of mandamus directing the Circle Officer,
                                            Patna Sadar, Patna to give direction to the
                                            concerned Kramchari to issue land revenue
                                            receipts on payment of revenue in favour of the
                                            petitioner when the mutation case is allowed in
                                            the facts and circumstances of the case.
                                                         (iii) For issuance of other writ(s)
                                            order(s) direction(s) as your Lordships may
                                            deem, fit and proper in the facts and
                                            circumstances of this case.
                                 3. Let the Circle Officer, Patna Sadar, Patna dispose of

                     the Mutation Case No. 6309R27 of 2023-24 and Mutation Case No.

                     6481R27 of 2023-24, if not disposed of in next three months.

                                 4. The writ petition is disposed of with aforesaid

                     observation.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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