Patna High Court
Dilip Kumar SinhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The Court held that the Circle Officer must accept the petitioners' mutation applications and pass the requisite orders within six weeks.
Summary
The petitioners, a group of thirty‑three individuals, filed a writ petition seeking a direction to the Circle Officer, Gaya Town Block, to process their applications for mutation of residential flats they had purchased in Raj Palace, Gaya. They alleged that the online portal for mutation was not opened by the respondent authority, preventing them from completing the procedural formalities, while other purchasers had successfully obtained mutation. The State counsel sought time to file a counter‑affidavit but acknowledged that some mutations had been granted. The Court examined whether the respondents were duty‑bound to accept the applications despite the portal issue and whether a writ could compel them to act. It directed the Circle Officer to accept the mutation applications and pass the necessary orders within six weeks, in accordance with the applicable land‑reforms provisions. Consequently, the writ petition was disposed of on these terms.
Issues considered
- Whether the respondents are obligated to accept and process mutation applications of the petitioners when the online portal is not operational.
- Whether the Court can issue a writ directing the respondent authority to complete mutation formalities within a specified time.
Subjects
- mutation of property
- land reforms
- civil writ jurisdiction
- online portal
- property registration
- court direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7883 of 2026
======================================================
1. Dilip Kumar Sinha, Son of Late Chandrika Prasad, Resident of Village-
Fatehpur, P.S.- Belaganj, District- Gaya Ji.
2. Dr. Sonu Annapurna, wife of Sri Bipul Kumar Sinha, Resident of Raj Palace
Flat No. 102, B Block P.S.-Magadh Medical, District- Gaya Ji.
3. Krishna Kumar, Son of Late Surendrra Prasad, Resident of Raj Palace Flat
No. 203, A Block, P.S.- Magadh Medical, District- Gaya Ji.
4. Kalyani Devi, wife of Krishna Kumar, Resident of Raj Palace Flat No. 203,
A Block, P.S.- Magadh Medical, District- Gaya Ji.
5. Meena Devi, wife of Binay Kumar Resident of 19, Ramna Road, Rama
Bhawan Ke Samne, P.S.- Civil Line, District- Gaya Ji.
6. Binay Kumar, Son of Late Gaya lal Agrawal, Resident of 19, Ramna Road,
Rama Bhawan Ke Samne, P.S.-Civil Line, District- Gaya Ji.
7. Manoj Kumar, Son of Late Gaya Lal Resident of 19, Ramna Road, Rama
Bhawan Ke Samne, P.S.- Civil Line, District- Gaya Ji.
8. Abha Agrawal, wife of Manoj Kumar, Resident of 19, Ramna Road, Rama
Bhawan Ke Samne, P.S.- Civil Line, District- Gaya Ji.
9. Amita Prakash, wife of Jai Prakash, Resident of A, 502 Aakriti the Mango
groves Apartment, Panchwati Colony Digha, Rajiv Nagar Road No. 23 Ward
No. 01, P.S. Digha, District- Patna.
10. Jai Prakash, Son of Late Balmukund Prasad Barnwal, Resident of A502,
Aakriti the Mango Groves Apartment, Panchwati Colony, Rajiv Nagar Road
No. 23, P.S.- Digha, District- Patna.
11. Seema Agrawal, wife of Sanjeev Kumar Agrawal, Resident of Sri Krishna
Road New Goyal Furniture, P.S.- Civil Line, District- Gaya Ji.
12. Sanjeev Kumar Agrawal, Son of Ram Kishor Agrawal, Resident of Sri
Krishna Road New Goyal Furniture, P.S.- Civil Line, District- Gaya Ji.
13. Neeta Baranwal, wife of Sunil Kumar, Resident of Flat No. 303 Maxwell
Complex Near Rajapur Pul, East Boring Canal Road, P.S.- Buddha Colony,
District- Patna.
14. Balmukund, Son of Late Daya Ram, Resident of Block Tower B/501, Floor-
05, Rani Pokhar, Bokaro Officer Housing Co-operative Society Ltd, Sector
8/C Bokaro Steel City, P.S.-Bokaro, District- Bokaro (Jharkhand).
15. Neelam Barnwal, wife of Late Ravi Shankar, Resident of Baranwal Trading
Corportion, Ramna Road, P.S.-Civil Line, District- Gaya Ji.
16. Dhiraj Vijeta, Son of Koushlendra Kishore Prasad, Resident of Raj Palace
Flat No. 301 A OTA Gate No. 05, Paharpur, P.S.- Magadh Medical, District-
Gaya Ji.
17. Kiran Palit, wife of Anju Kumar Palit, Resident of G.B. Road, Palit Market,
P.S.- Kotwali, District- Gaya Ji.
18. Rajiv Ranjan Verma, Son of Dasrath Narayan Verma, Resident of Raj Palace
Flat No. 101 A OTA Gate No. 05, Paharpur, P.S.- Magadh Medical, District-
Gaya Ji.
Patna High Court CWJC No.7883 of 2026(2) dt.30-06-2026
2/5
19. Prasant Nand Keolyar, Son of Jagdish Nand Keolyear, Resident of N.K. Lal
Road, Purani Jail Khana, P.S.-Civil Line, District- Gaya Ji.
20. Nirmala Kumari, wife of Dr. Devanand Prasad, Resident of Quarter No. 94
Road No. 10D, Devi Asthan Ke Pass Magadh Colony, P.S.- Chandauti,
District- Gaya Ji.
21. Mukesh Kumar Sinha, Son of Krishna Nandan Sinha, Resident of House No.
21, Barmasia Marwari Ghat Road, Near Savera Cinema Hall, P.S.- Civil
Line, District- Giridih (Jharkhand).
22. Anup Kumar Gupta, Son of Biswanath Prasad Gupta, Resident of S.K.
Gharana 1-c-1 South Church Gandhi Maidan Road, Behind Kocher Petrol
Pump, P.S.- Civil Line, District- Gaya Ji.
23. Kamlanand Jha, Son of Shardananad Jha, Resident of A/3 Green Sneh
Belamarg Vishnupuri, Aligarh P.S.- Civil Line, District-Aligarh (U.P.).
24. Kalpana Jha, wife of Kamlanand Jha, Resident A/3 Green Sneh Belamarg
Vishnupuri, Aligarh P.S.- Civil Line, District- Aligarh (U.P.).
25. Chandeswar Chowdhuri, Son of Gyena Choudhuri, Resident of Flat No. 206
A OTA Paharpur, P.S.- Magadh Medical, District- Gaya Ji.
26. Mrityunjay Kumar, Son of Late Ambika Prasad Sinha, Resident of
Shekpura, Makhdumpur, P.S.- Makhdumpur, District- Gaya Ji.
27. Bina Jain, wife of Sri Kamal Kumar Jain, Resident Shanti Nilay Sanctum
Compound 126, B, G.B. Road, P.S.-Civil Line, District- Gaya Ji.
28. Sri Pratap Srivastava, Son of Late Bake Vilas Srivastav, Resident of Mohalla
Chawkhandi, P.S.- Sasaram, District- Rohtas.
29. Kamal Kumar, Son of Late Tapeshwar Prasad, Resident of Mohalla New
Area, Jail Hata, P.S.- Daltonganj, District- Daltonganj (Jharkhand).
30. Santosh Kumar, Son of Late Tapeshwar Prasad, Resident of Mohalla New
Area, Jail Hata, P.S. Daltonganj, District- Daltonganj (Jharkhand).
31. Vinod Kumar, Son of Late Ishwari Lal, Resident of Bank of Baroda Street,
P.S.- Kotwali, District- Gaya Ji.
32. Sarita Kumari, wife of Vinod Kumar, Resident Bank of Baroda Street, P.S.-
Kotwali, District- Gaya Ji.
33. Renuka Palit, wife of Late Jai Kumar Palit, Resident 56, G.B. Road, P.S.-
Kotwali, District- Gaya Ji.
... ... Petitioner/s
Versus
1. The State of Bihar through its. Additional Chief Secretary, Department of
Revenue and Land Reforms, Patna, Bihar.
2. The Additional Chief Secretary, Department of Revenue and Land Reforms,
Patna, Bihar.
3. The Divisional Commissioner, Magadh Range, Gaya Ji.
4. The District Magistrate, Gaya Ji.
5. The DCLR, Gaya Ji Sadar.
6. The C.O. Gaya Ji Town Block.
Patna High Court CWJC No.7883 of 2026(2) dt.30-06-2026
3/5
7. M/s Barnawal Properties Pvt. Ltd. through its Managing Director Sri Raj
Kumar Prasad, Resident of Samarpan Bhawan Near Kanya Pathshala,
Ramna Road, P.S.- Civil Lines, District- Gaya Ji.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
Ms. Priya Ranjan, Advocate
Ms. Chandani Kumari, Advocate
Ms. Sakshi Kumari, Advocate
For the Respondent/s : Smt. Binita Singh, S.C.-(28)
Mr. Ujjawal Bhushan, A.C. to S.C.-28
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL ORDER
2 30-06-2026 1. Heard the parties.
2. The petitioners, 33 in numbers, have approached
this Court for a direction to the respondents no. 5 & 6 for
mutation of the residential flats purchased and duly registered in
their name at Raj Palace situated at Khata No.- 76, Plot No. -
5/330 and Plot No. 5/483 (New) at Mauza- Paharpur, P.S.-
Magadh Medical, District- Gaya Ji.
3. Learned counsel appearing on behalf of the
petitioners further submits that in spite of the petitioners’ best
efforts, their application for mutation is not being accepted
online as the portal is not opened by the respondent authority.
He also points out that some of the purchasers of the flat in the
same apartment, namely Raj Palace have got their flats mutated
in their names which is evident from Annexure P-6 series but
the petitioners have been left in the lurch without any action
Patna High Court CWJC No.7883 of 2026(2) dt.30-06-2026
4/5
being taken by the concerned respondent. At last, he prays only
for a direction to the concerned respondent to accept their
application for mutation either in online or in physical form and
necessary orders may be passed after completing all procedural
formalities for mutating the same in the name of the petitioners.
4. Learned counsel for the State, though, prays for
time for filing counter affidavit, but fairly admits that some of
the purchasers have got their name mutated against the flat
purchased by them which is evident from Annexure P-6 series,
so necessary directions may also be issued to the concerned
respondent to pass necessary orders with respect to mutation on
such applications as preferred by the petitioners before the
concerned respondent.
5. In this backdrop, respondent no. 6 i.e. Circle
Officer, Gaya Ji, Town Block is hereby directed to accept the
applications for mutations filed on behalf of the petitioners in
accordance with extant rule and pass necessary orders after
completing all procedural formalities with respect to mutation in
terms of the provisions as contained in Act within a period of six
weeks after filing such application by the petitioners.
6. Thus, this writ application is disposed off in
aforesaid terms.
Patna High Court CWJC No.7883 of 2026(2) dt.30-06-2026
5/5
7. All pending interlocutory application(s), if any, also
stands disposed off accordingly.
(Rana Vikram Singh, J)
Saurabh.kr/
Prakash-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.