Patna High Court
Satyendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
Holding
The writ petition is dismissed; the petitioner must file an appeal before the DCLR within thirty days.
Summary
The petitioner, Satyendra Kumar, purchased a plot of land and sought mutation of the title in his name. The Circle Officer, Bihta, refused to create the mutation, invoking Section 6(12) of the Bihar Mutation Act, 2011. The State argued that the District Collector's Land Records (DCLR) is the designated appellate authority under the Act, and the petitioner should pursue an appeal there. The High Court observed that Section 7 of the Bihar Mutation Act indeed makes the DCLR the appellate authority for orders of the Circle Officer. Consequently, the writ application was dismissed, with the Court directing the petitioner to file an appeal before the DCLR within thirty days, along with a condonation of delay petition if necessary.
Issues considered
- Whether the order of the Circle Officer refusing mutation is amenable to writ jurisdiction.
- Whether the petitioner must approach the DCLR as the statutory appellate authority under Section 7 of the Bihar Mutation Act, 2011.
- Whether the writ petition can be entertained despite the existence of a specific statutory remedy.
Subjects
- mutation
- land records
- appellate authority
- writ jurisdiction
- Bihar Mutation Act
- Section 6(12)
- Section 7
- DCLR
- appeal
- condonation of delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.826 of 2026
======================================================
Satyendra Kumar Son of Late Adya Prasad Resident of Khedalpura, P.O. and
P.S.- Bihta, District- Patna, State- Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna.
2. The Circle Officer, (C.O.) Bihta, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Kant Kumar
For the Respondent/state : Mr. Yogendra Pd. Sinha, AAG 7
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 29-01-2026 1. The petitioner has filed the present writ application
against the order dated 14.12.2025 passed by respondent no. 2-
Circle officer, Bihta, Patna in Mutation Case No. 725R27/ 2025-
2026 / Bihta whereby and where under he refused to create
mutation in the name of the purchaser under wrong
interpretation of Section 6(12) of the Bihar Mutation Act, 2011
who purchased a piece of land from the petitioner through
registered sale deed no. 1293 of 2025 dated 22.02.2025 bearing
Khata No. 10, Plot No. 249, Area 3.079 decimal situated under
Thana No. 50, Mauza- Khedalpura, Anchal- Bihta, District-
Patna from existing Jamabandi No. 166, total area 254.1826
decimal running in the name of the petitioner.
2. Learned counsel for the State submits that as per the
Patna High Court CWJC No.826 of 2026(2) dt.29-01-2026
2/2
statutory provision the DCLR is the Appellate Authority and the
petitioner may be relegated to the remedy of Appeal.
3. Considering the nature of the prayer made in the writ
application and the fact that as per Section 7 of the Bihar Land
Mutation Act, 2011, the DCLR is the Appellate Authority
against the order passed by the Circle Officer, accordingly, this
writ application is disposed with liberty to the petitioner to file
an Appeal before the DCLR, Patna within a period of thirty days
from today. If such an Appeal is filed along with condonation of
delay petition, the DCLR, Patna shall consider the same and
pass a detailed order after giving opportunity of hearing to all
concerned within a reasonable time frame.
4. With the aforesaid direction and observation the present
writ application stands disposed of.
(Anil Kumar Sinha, J)
praful/-
U
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