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Patna High Court

Smt. Hajindar KaurversusThe State of Bihar

Decided
Disposal
DISPOSED

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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