Patna High Court
Smt. Hajindar KaurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioners must first approach the Deputy Collector, Land Reforms, Patna Sadar, for redress before any writ relief can be entertained.
Summary
The petitioners, Smt. Hajindar Kaur and Rajendra Singh, filed a writ petition challenging two orders dated 06.02.2020 and 15.12.2020 passed by the Circle Officer, Patna Sadar, which rejected their mutation applications dated 30.04.2019 without hearing. They sought certiorari to quash the orders and mandamus directing the officer to pass fresh orders after hearing, so that the land could be mutated and rent receipts issued. The Court examined whether the rejection without hearing violated principles of natural justice and whether a writ could be issued directly. The Court held that the petitioners should first approach the Deputy Collector, Land Reforms, Patna Sadar, for redress within four weeks. Accordingly, the writ petition was disposed with the observation that the matter be taken up by the Deputy Collector at the earliest.
Issues considered
- Whether the Circle Officer's order rejecting the mutation applications without hearing is liable to be quashed by a writ of certiorari.
- Whether a writ of mandamus can be issued directing the Circle Officer to pass fresh orders after hearing.
- Whether the petitioners must first approach the Deputy Collector, Land Reforms, before seeking writ relief.
Subjects
- mutation
- land reforms
- certiorari
- mandamus
- natural justice
- writ jurisdiction
- property law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9277 of 2024
======================================================
1. Smt. Hajindar Kaur Wife of Sri Rajendra Singh Resident of M/s Bhargo Saw
Mill Compound, Mithapur, P.S.- Jakkanpur, District- Patna.
2. Rajendra Singh, Son of Late Charan Singh Resident of M/s Bhargo Saw
Mill Compound, Mithapur, P.S.- Jakkanpur, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Government of Bihar, Patna.
2. The District Collector, Patna.
3. The Land Reforms Deputy Collector, Patna.
4. The Circle Officer, Patna Sadar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Mistry, Adv.
For the Respondent/s : Mr. Gyan Prakash Ojha, GA-7
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 20-04-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
(i) For issuance of a writ in the
nature Certiorari for quashing of the order
dated 06.02.2020 and order dated
15.12.2020 (Annexure- 6 series) passed by
the Circle Officer, Patna Sadar Patna in
Mutation Case No. 864 R27 of 2019-2020
and Mutation Case No. 871 R27 of 2019-
2020 whereby the Mutation Application of
the petitioners dated 30.04.2019 has been
rejected without hearing to the petitioners in
Patna High Court CWJC No.9277 of 2024(2) dt.20-04-2026
2/2
the facts and circumstances of this case.
ii) For issuance of a writ in the
nature of mandamus directing the Circle
Officer, Patna Sadar, Patna to pass a fresh
order in Mutation Case No. 864 R27 of
2019-2020 and Mutation Case No. 871 R27
of 2019-2020 (Annexure-P-4) after hearing
the petitioners so that the land could be
mutated and rent receipt could be issued in
favour of the petitioners in the facts and
circumstances of the case.
(iii) For issuance of other writ(s)
order(s) direction(s) as your Lordships may
deem, fit and proper in the facts and
circumstances of this case.
3. As prayed for, let the petitioner challenge the said
order before the Deputy Collector Land Reforms, Patna Sadar,
Patna in next four weeks who shall be taking up the matter and
dispose it of at an earliest.
4. The writ petition is disposed of with aforesaid
observation.
(Rajiv Roy, J)
Vijay Singh/-
U
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