Patna High Court

Dharmdev ThakurversusThe State of Bihar

Decided: 12 January 2026
Disposal: DISPOSED
Bench: ANIL KUMAR SINHA

Holding

The writ petition is dismissed and the petitioner is directed to file a revision under Section 8 of the Bihar Land Mutation Act, 2011 within three weeks.

Summary

The petitioner challenged the order of the appellate authority in Mutation Appeal Case No. 216 of 2022-23 and the order of respondent No. 3 in Mutation Case No. 837R 27 of 2022-23. The State argued that the Bihar Land Mutation Act, 2011 provides a specific revision remedy under Section 8. The High Court, after hearing counsel, held that the appropriate remedy is to file a revision under Section 8 before the competent authority. The Court disposed of the writ application, granting the petitioner liberty to file such a revision within three weeks and directing the authority to decide it after a hearing. Consequently, the writ petition stands disposed pending the revision proceeding.

Issues considered

Whether the order of the appellate authority in the mutation appeal can be challenged directly by a writ petition
Whether the petitioner must first pursue a revision under Section 8 of the Bihar Land Mutation Act, 2011

Legislation cited

Bihar Land Mutation Act, 2011 — s. 8

Subjects

land mutation
revision
writ jurisdiction
civil writ
appellate authority
Bihar

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.8713 of 2023
     ======================================================
     Dharmdev Thakur Son of Late Joki Thakur Resident of Village Bishunpur @
     Titra, Police Station Hajipur Town, District- Vaishali at Hajipur.

                                                              ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through Principal Secretary, Revenue and Land Reform
     Department, Patna.
2.   The Deputy Collector Land Reform, Hajipur, Vaishali.
3.   The Circle Officer, Hajipur Sadar, Vaishali.
4.   Hari Shankar Shukla, Son of Late Damodar Prasad Shukla Resident of
     Village Bishunpur, Titra Police Station Hajipur Town, District- Vaishali at
     Hajipur.
5.   Shiv Shankar Shukla, Son of Late Raghunath Shukla Resident of Village
     Bishunpur, Titra Police Station Hajipur Town, District- Vaishali at Hajipur.
6.   Ganesh Shukla, Son of Late Baidyanath Shukla Resident of Village
     Bishunpur, Titra Police Station Hajipur Town, District- Vaishali at Hajipur.
7.   Mukesh Shukla, Son of Late Rajendra Shukla Resident of Village
     Bishunpur, Titra Police Station Hajipur Town, District- Vaishali at Hajipur.
8.   Haridwar Shukla, Son of Late Sarvodeeo Shukla Resident of Village
     Bishunpur, Titra Police Station Hajipur Town, District- Vaishali at Hajipur.
9.   Ram Chandra Shukla, Son of Late Nagendra Shukla Resident of Village
     Bishunpur, Titra Police Station Hajipur Town, District- Vaishali at Hajipur.
10. Hari Narayan Shukla, Son of Late Baleshwar Shukla Resident of Village
    Bishunpur, Titra Police Station Hajipur Town, District- Vaishali at Hajipur.
11. Govind Shukla, Son of Late Kishori Shukla Resident of Village Bishunpur,
    Titra Police Station Hajipur Town, District- Vaishali at Hajipur.
12. Sunil Shukla, Son of Late Deonath Shukla Resident of Village Bishunpur,
    Titra Police Station Hajipur Town, District- Vaishali at Hajipur.
13. Santosh Shukla, Son of Baidya Nath Shukla Resident of Village Bishunpur,
    Titra Police Station Hajipur Town, District- Vaishali at Hajipur.
14. Praddip Thakur, Son of Late Sonphul Thakur Resident of Village Bishunpur,
    Titra Police Station Hajipur Town, District- Vaishali at Hajipur.
15. Shio Chandra Thakur, Son of Late Janak Thakur Resident of Village
    Bishunpur, Titra Police Station Hajipur Town, District- Vaishali at Hajipur.
16. Randhir Thakur, Son of Late Baleshwar Thakur Resident of Village
    Bishunpur, Titra Police Station Hajipur Town, District- Vaishali at Hajipur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Pramod Ban Bihari Singh
     For the Respondent/s   :      Mr. Md. Khurshid Alam ( Aag 12 )
     ======================================================
          Patna High Court CWJC No.8713 of 2023(3) dt.12-01-2026
                                                      2/2




                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                    ORAL ORDER

3   12-01-2026                  1. The petitioner has challenged the order passed by

                    the appellate authority in Mutation Appeal Case No. 216 of

                    2022-23 as well as the order passed by the respondent no. 3 in

                    Mutation Case No. 837R 27 of 2022-23.

                                2. Learned counsel for the State submits that as per

                    the Bihar Land Mutation Act, 2011, there is a provision for

                    revision under Section 8 of the Act.

                                3. Having heard learned counsel for the parties and

                    taking into consideration the nature of prayer made in this writ

                    application, the writ application is disposed with liberty to the

                    petitioner to file revision under Section 8 of the Mutation Act,

                    2011, before the competent authority within a period of three

                    weeks and if such revision is filed, the authority shall decide the

                    same in accordance with law after giving opportunity of hearing

                    to the petitioner within a reasonable time limit.

                                4. With the aforesaid direction and observation, the

                    present writ application stands disposed.



                                             (Anil Kumar Sinha, J)
HarshPandey/-

U

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