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Patna High Court

Asha SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition was disposed after the court granted liberty to the petitioner to withdraw and approach the civil court.

Summary

The petitioner, Asha Sharma, filed a writ petition seeking a certiorari to set aside the order dated 20 September 2018 passed by the Deputy Collector, Nawada, which affirmed an earlier order cancelling a mutation in her favour. The mutation pertained to a land parcel of 1 acre 14 decimal that she claimed was gifted to her by a registered deed dated 28 June 1995. The petition argued that the cancellation of the mutation was illegal and sought relief without disturbing her physical possession. During hearing, counsel for the petitioner requested permission to withdraw the writ petition and approach the appropriate civil court for a final determination. Justice Rajiv Roy granted the liberty to withdraw and consequently disposed of the writ petition.

Issues considered

  • Whether the order of the Deputy Collector dated 20‑09‑2018 cancelling the mutation can be set aside by a writ of certiorari
  • Whether the High Court has jurisdiction to entertain the writ when the matter is suitable for adjudication by a civil court

Subjects

  • mutation
  • land reform
  • certiorari
  • writ petition
  • civil court jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.8833 of 2023
                 ======================================================
                 Asha Sharma W/o Dilip Kumar Sharma R/o Village Akauna, Post Office and
                 Police Station Sirdalla, District- Nawada.

                                                                       ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Revenue and Land
                 Reforms, Government of Bihar, Patna.
           2.    The District Magistrate, Nawada, District- Nawada.
           3.    The District Collector Land Reforms, Rajauli, District- Nawada.
           4.    The Deputy Collector, Nawada, District- Nawada.
           5.    The Circle Officer, Block Sirdalla, District- Nawada.
           6.    The Circle Inspector, Sirdalla, District- Nawada.
           7.    The Anchal Amin, Block- Turkauliya, District- East Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Jitendra Kumar Giri, Advocate
                 For the Respondent/s   :      Mr. Sajid Salim Khan ( SC-25 )
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   18-04-2026                 Heard Mr. Jitendra Kumar Giri, learned counsel for

                   the petitioner and the State.

                               2. The present petition has been preferred for the

                   following relief(s):

                                             “for issuance of a writ in the nature of

                                  'certiorari' whereby and whereunder setting aside

                                  the order dated 20.09.2018, passed by the Deputy

                                  Collector, Nawada in Mutation Revision Case No.

                                  18(R)/2017/174/2017-18, whereby and whereunder

                                  the Ld. Collector has affirmed the order dated
         Patna High Court CWJC No.8833 of 2023(3) dt.18-04-2026
                                                     2/2




                                    15/05/1996 passed by the Ld. Deputy Collector

                                    Land Reforms in Appeal Case No. 26/1995-96,

                                    whereby, the mutation created in favour of the

                                    petitioner as aforesaid in Mutation Case No.

                                    278/1995-96 was cancelled in Mutation Appeal

                                    Case No. 26/1995-96; and further prayer of the

                                    petitioner hereinabove is not to disturb the physical

                                    possession of the petitioner over the lands

                                    measuring an area of 1 Acre 14 Decimal which

                                    was gifted in favour of the petitioner by registered

                                    deed dated 28.06.1995.”

                               3.    After some argument, learned counsel for the

                   petitioner prays for withdrawal of the petition to approach the

                   competent Civil Court where finally the matter can be

                   adjudicated.

                               4. Granting said liberty, the writ petition is disposed

                   of.



                                                 (Rajiv Roy, J)
Ravi/-

U


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