Patna High Court
Brijesh MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Circle Officer is bound to comply with the Deputy Collector’s order and must generate the online Jamabandi in favour of the petitioner.
Summary
The petitioner, Brijesh Mahto, purchased a 11.3‑decimal plot of land in Mauza Ghegwalia and applied for mutation of the title in his name. The Circle Officer rejected the mutation claim on the ground that the land was "Gair Majarua" and the petitioner appealed to the Deputy Collector (Land Reforms), who, relying on Notification No. 925/2014, ordered the Circle Officer to generate an online Jamabandi in the petitioner's favour. Despite this order, the Circle Officer failed to act, prompting the petitioner to file a writ petition seeking a direction to the Circle Officer to consider the mutation afresh and to mutate the land. The High Court examined whether the Circle Officer was bound by the Deputy Collector’s order and found that the officer must comply with the lawful direction. Consequently, the Court directed the Circle Officer to immediately assume jurisdiction, comply with the Deputy Collector’s order, and report to the District Magistrate within two weeks. The petition was thereafter disposed of.
Issues considered
- What is the legal effect of the Deputy Collector (Land Reforms) order directing the Circle Officer to generate an online Jamabandi in favour of the petitioner?
- Whether the Circle Officer is obligated to comply with the Deputy Collector’s order despite his earlier finding that the land is Gair Majarua?
Subjects
- land mutation
- Jamabandi
- Circle Officer
- Deputy Collector Land Reforms
- writ petition
- property law
- Bihar land reforms
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.982 of 2026
======================================================
Brijesh Mahto, aged about 45 years (male), Son of Shivnath Mahto, Resident
of Village- Gabnaha, P.S.- Sahodara, District- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through District Magistrate, West Champaran.
2. The Deputy Collector Land Reforms, Narkatiyaganj, West Champaran.
3. The Circle Officer, Gaunaha, West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saket Tiwary, Advocate
For the Respondent/s : Mr. Pankaj Kumar, SC-12
Mr. Pramod Kumar Yadav, AC to SC-12
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 27-01-2026 Heard Mr. Saket Tiwary, learned counsel appearing
on behalf of the petitioner and Mr. Pankaj Kumar, learned SC-
12 along with Mr. Pramod Kumar Yadav, learned AC to SC-12
for the State.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought, inter alia, following relief(s), which is
reproduced hereinafter:-
"1. That this humble application on behalf of
the petitioner for issuance of writ/direction:-
(i) To the respondent No 3 (Circle Officer
Gaunaha) to conider afresh the mutation case No
1871R27/2024-2025.
(ii) To mutate the land in favour of the
petitioner bearing Khata No 27, Khesra No 136,
admeasuring 11.3 decimal, situated at Mauja-Gheghwalia,
dist Bettiah.
(iii) For any other relief or reliefs for which the
petitioner is entitled to in the facts and circumstances of the
case."
Patna High Court CWJC No.982 of 2026(2) dt.27-01-2026
2/3
3. The petitioner has claimed that he had purchased a
piece of land situated at Mauza Ghegwalia, P.S. Sahodara,
Bettiah, appertaining to Khata No. 27, Khesra No. 136,
measuring total area of 11.3 decimals, through registered Sale
Deed No. 2229 dated 13.03.2020 from his vendor, namely,
Shakti Kumari @ Shakti Pal Singh, who had earlier acquired the
aforesaid land from the landlord, Govind Narayan, through
registered Sale Deed No. 5234 dated 29.05.1961, pursuant to
which Jamabandi No. 8 was created in her name, and she used
to pay rent to the State Government. After execution of the
registered Sale Deed No. 2229 dated 13.03.2020 by Shakti
Kumari @ Shakti Pal Singh (vendor of the petitioner) and upon
coming into possession of the aforesaid land, the petitioner had
applied for mutation of the land in his favour, whereupon
Mutation Case No. 1871R27/2024-25 was instituted. However,
the said mutation case was rejected by the Circle Officer vide
order dated 22.02.2025 on the ground that the land in question is
Gair Majarua land. Aggrieved by the said order, the petitioner
had preferred Mutation Appeal No. 202/2025-26 before the
Deputy Collector Land Reforms (D.C.L.R.), Narkatiyaganj,
who, taking into consideration the Notification No. 925 dated
11.11.2014, had passed the order dated 02.07.2025 directing the
Patna High Court CWJC No.982 of 2026(2) dt.27-01-2026
3/3
Circle Officer to generate online Jamabandi in respect of the
aforesaid land in favour of the petitioner, but in spite of the
specific direction issued by the D.C.L.R., the Circle Officer is
sitting tight over the matter.
4. Considering the aforesaid submission/information,
the Circle Officer, Gaunaha, West Champaran, is directed to
immediately assume his/her jurisdiction and comply with the
order passed by the D.C.L.R. dated 02.07.2025 expeditiously in
accordance with law and report to the District Magistrate-cum-
Collector within two weeks from the date of communication of
this order.
5. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Niraj/-
U
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