Patna High Court
Asha SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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