Patna High Court
Rajendra SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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