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Patna High Court

Syeda Shahina MajeedversusShri Dipak Kumar Singh, Additional Chief Secretary, Department of Revenue and Land Reforms

Decided
Disposal
DISPOSED

Holding

The petition was dismissed as infructuous because the mutation application was held in abeyance pending the pending title suit.

Summary

Petitioner Syeda Shahina Majeed sought a mutation of her land. The Patna Municipal Corporation informed the court that the mutation application dated 12-03-2025 had been kept in abeyance pending the outcome of a title suit between the parties. The corporation further stated that the order had been complied with. The court held that, because the mutation was stayed pending the title suit, the petition had become moot. Consequently, the petition was disposed of as infructuous.

Issues considered

  • Whether the petition for mutation is maintainable when the mutation is kept in abeyance pending a pending title suit

Subjects

  • mutation
  • land revenue
  • title suit
  • abeyance
  • infructuous
  • municipal corporation

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.1419 of 2025
                                                     In
                               Civil Writ Jurisdiction Case No.16338 of 2024
                  ======================================================
                  Syeda Shahina Majeed Wife of Syed Hussain Majeed R/o- Majeed
                  Compound, Bagh Kalo Khan, P.S.- Khajekalan, P.O.- Patna City, District-
                  Patna.
                                                                          ... ... Petitioner/s
                                                   Versus
            1.     Shri Dipak Kumar Singh, Additional Chief Secretary, Department of
                   Revenue and Land Reforms Govt. of Bihar, Patna.
            2.    The Patna Municipal Corporation, through Shri Animesh Kumar Parashar,
                  Commissioner, Patna Municipal Corporation, Patna.
            3.    Shri Animesh Kumar Parashar, Municipal Commissioner, Patna.
            4.     Shreya Kashyap, Executive Officer, Azimabad Circle, Sadikpur, Patna City,
                   Patna.
                                                                      ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s      :    Mr.Wasi Mohammad, Adv.
                  For the State             :    Mr.Sita Ram Yadav, G.P. 16
                                                 Mr.Jitendra Kumar, AC to GP 16
                  For the PMC               :    Mr.Sanjay Prakash Verma, Adv.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                  PANDEY
                                        ORAL ORDER

4    09-01-2026                    Heard.

                                  2. The learned counsel for the Patna Municipal

                    Corporation has submitted that the order has been complied with and

                    the mutation application of the petitioner, vide order passed by the

                    Executive Officer dated 12.03.2025, was kept in abeyance till

                    disposal of title suit pending between the parties.

                                  3. Accordingly, this application is disposed of as having

                    become infructuous.


                                         (Nawneet Kumar Pandey, J)

kundan/-
U


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