Patna High Court
Raghunandan Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR
Holding
The court held that it will not interfere with the lower authorities' orders and directed the petitioners to seek relief before the Bihar Land Tribunal.
Summary
The petitioners, Raghunandan Prasad Singh and Deonandan Prasad Singh, filed a writ petition seeking certiorari to quash three orders that rejected their applications for mutation of land inherited from their father. They contended that the lower authorities wrongly required the consent of their sister Rukmani Devi and improperly dismissed the mutation despite a deed and a notarized affidavit. The High Court examined the orders and observed that the statutory remedy lies before the Bihar Land Tribunal under the land‑reform legislation. It held that the court should not interfere with the administrative decisions when a specific statutory forum is available. Accordingly, the writ petition was disposed, and the petitioners were directed to approach the Bihar Land Tribunal within the prescribed time.
Issues considered
- Whether the orders of the Circle Officer, Deputy Collector and Additional Collector rejecting the mutation applications can be quashed by a writ of certiorari.
- Whether the High Court has jurisdiction to interfere when a statutory remedy before the Bihar Land Tribunal is available.
- Whether the petitioners are entitled to a direction for mutation of the land in their names despite the alleged lack of consent from their sister.
Subjects
- mutation
- land revenue
- certiorari
- writ petition
- Bihar Land Tribunal
- inheritance
- land reform
- register
- family membership certificate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8140 of 2026
======================================================
1. Raghunandan Prasad Singh, son of Late Ramadhin Singh @ Ramdhani
Singh, resident of Village- Chandanpura, P.S.- Nayaramnagar, P.O.-
Jamalpur, District- Munger
2. Deonandan Prasad Singh, son of Late Ramadhin Singh @ Ramdhani Singh,
resident of Village- Chandanpura, P.S.- Nayaramnagar, P.O.- Jamalpur,
District- Munger
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Revenue and
Land Reforms Department, Patna.
2. The Collector, Munger
3. The Additoinal Collector, Munger
4. The Deputy Collector, Land Reforms, Munger
5. The Circle Officer, Jamalpur, District-Munger
6. Rukmani Devi daughter of Late Ram Adhin Singh @ Ramdhani Singh,
resient of Village-Chandanpura, P.S.-Nayaramnagar, P.O.-Jamalpur, District-
Munger
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Indu Bhushan, Advocate
For the Respondent/s : Mr. Kumar Alok, SC-7
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR
ORAL ORDER
2 24-06-2026 Heard Mr. Indu Bhushan, learned counsel for the
petitioner, Mr. Kumar Alok, learned counsel for the State.
2. The present writ petition has been filed with the
following reliefs:-
“(i) For issuance of an appropriate writ in
the nature of certiorari for quashing the order dated
30.11.2023 passed by the Circle Officer, Jamalpur,
District-Munger, whereby and where under case filed
by the petitioners bearing Transfer Case No.
797R27/2023-24/Jamalpur has been rejected on the
very ground that reports of Revenue Karmchari and
Patna High Court CWJC No.8140 of 2026(2) dt.24-06-2026
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Revenue Officer have been received they have reported
that they have reviewed the application and compared
with Register-II and found that applicants' had applied
for mutation on the basis of inheritance, but the
mutation had previously been rejected in Case No.5283
of 2022-23. Therefore, in the light of this further action
may be taken as per kind instructions. Since the
mutation of the applied land has previously been
rejected in Case No.5283 of 2022-23, and the
application has not attached the order received from
the competent authority under the appeal petition with
the application, the applicants may filed a mutation
appeal in the court of Dy. Collector, Land Reforms,
Sadar, Munger or may approach the competent court,
therefore, petition is rejected.
(ii) For issuance of an appropriate writ in
the nature of certiorari for quashing the order dated
01.10.2024 passed in Dakhil Kharij Appeal No.
245/2023-24 by the Deputy Collector, Land Reforms,
Sadar, Munger, whereby and where under Dakhil
Kharij Appeal No. 245/2023-24 has been rejected on
the ground that in the family membership certificate
issued by Circle Office, Jamalpur bearing No. 266
dated 01.12.2015, Late Ramadhin Singh has two sons,
Raghunandan Prasad Singh and Deonandan Prasad
Singh married and one daughter Rukmani
Devi(married). From perusal of trial court's record
reveals that the Circle Officer, rejected the mutation on
the ground that jamabandi was unclear on the basis of
inheritance, wherea, the applicants' had previously
applied for mutation of the purchased land on the basis
of inheritance through his father's registered deed.
Based on the family list, the buyer has also a daughter,
whose consent letter has not been submitted in the light
of foregoing, it does not seem appropriate to initiate a
process of mutation in the name of 1962 only two
brothers, given the deed dated 19.12.1062 and absence
of consent of the only daughter after death of
purchaser. Mutation based on inheritance requires the
consent of all the parties, therefore, the applicants'
appeal is rejected. With this order the litigation is
terminated.
(iii) For issuance of an appropriate writ in
the nature of certiorari for quashing the order dated
17.9.2025 passed in Dakhil Kharij Revision Case
Patna High Court CWJC No.8140 of 2026(2) dt.24-06-2026
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No.52 of 2024-25 by the Additional Collector, Munger,
whereby and where under Dakhil Kharij Revision Case
No.52 of 2024-25 has been rejected on the ground that
after hearing the applicants' learned counsel and
examining the records, it becomes clear that the
applicants' father purchased the land through Deed
No.5911 dated 19.12.1962, the land purchaser, the late
Ramadhin Singh @ Ramdhani Singh had two sons,
applicants' and a daughter. The daughter Rukmani
Devi consented to purchase through Notorized Affiadvit
No.1329 of 2024 which is on record. However,
daughter Rukmani Devi never appeared in the court.
The applicants' has not presented any
evidence or fact in this court that warrarnt a change in
the order passed by Deputy Colllctor, Land Reforms,
Sadar, Munger with this intent the proceedings are
dismissed, A copy of the order alongwith lower court's
record is submitted sent back.
(iv) For isusance of a direction to the
Circle Officer, Jamalpur to mutate the purchased land
of the father of the petitioners in their names and to
make an entry into Register-Il and thereafter to issue
rent receipt in their names, as purchased land has been
in the possession of the father of the petitioners since
1962 i.e. from the date of purchased the land and after
death of their father land is in the possession of the
petitioners and petitioners have been cultivating the
land without any obstacle and hindrance.
(v) For issuance of any other appropriate
writ/writs, order/ orders, direction/directions for which
the writ petitioners would be found entitled under the
facts and circumstances of the case.
3. In view of the statutory remedy available at Bihar
Land Tribunal, I am not inclined to interfere into this matter, the
petitioner is at liberty to file a petition before the Bihar Land
Tribunal.
4. If the petitioner takes recourse to the alternative
remedy within a period of four weeks, the Bihar Land Tribunal
Patna High Court CWJC No.8140 of 2026(2) dt.24-06-2026
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shall look into the matter and dispose of the same within a
period of three months from the date of receipt of this order.
5. With the above observation, the present writ
petition stands disposed of.
(Alok Kumar, J)
khushbu/-
U
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