Mobashere Perween Alias Mobashera Parween Vs the… — Writ and Judicial Review | Jharkhand HC (2026)

Mobashere Perween Alias Mobashera Parween Vs the… — Writ and Judicial Review | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of (not quashed): petitioner relegated to file a suit before the competent Civil Court, with liberty to seek interim relief under Order XXXIX Rule 1 and 2 CPC on threat of dispossession, and assurance of mutation in favour of the decree-holder after the civil decree; I.A. No. 6003 of 2026 also disposed of.

Issue for consideration

Whether the orders dated 19.08.2023 (Circle Officer, Chatra), 30.01.2025 (Land Reforms Deputy Collector, Chatra) and 17.10.2025 (Deputy Commissioner, Chatra) rejecting the petitioner's mutation case, mutation appeal and mutation revision are liable to be quashed.

Court's answer

The entire issue relates to title over the land in question and possession; title and possession cannot be decided in a mutation proceeding nor in a proceeding under Article 226 of the Constitution.

Ratio / Principle

The petitioner was directed to approach the Civil Court of competent jurisdiction by filing a suit for adjudication of her claim.

Key takeaways

If, after filing the suit, there is any threat of the petitioner's dispossession, she may file an application under Order XXXIX Rule 1 and 2 of the CPC.ratio¶31
After a decree is passed by the competent Civil Court, the land will be mutated in the name of the person in whose favour the decree is passed.ratio¶32

Detailed headnote1 paragraphs

Mutation - Petition under Article 226 seeking quashing of three concurrent revenue orders dismissing petitioner's mutation case (No.787/2023-24, Circle Officer, Chatra, 19.08.2023), mutation appeal (No.24/2023-24, Land Reforms Deputy Collector, Chatra, 30.01.2025) and mutation revision (No.07/2025-26, Deputy Commissioner, Chatra, 17.10.2025) - Held: the entire issue relates to title and possession, which cannot be decided in a mutation proceeding or in a proceeding under Article 226; petitioner relegated to the competent Civil Court by way of a suit, with liberty to seek interim protection under Order XXXIX Rule 1 and 2 CPC if dispossession is threatened; land to be mutated in favour of the person in whose favour the civil decree is passed; writ petition and I.A. No. 6003 of 2026 disposed of (Ananda Sen, J., 13.05.2026; neutral citation 2026:JHHC:14576).

2026:JHHC:14576

IN THE HIGH COURT OF JHARKHAND AT RANCHI

WP(C) No.3335 of 2026

Mobashera Perween @ Mobashera Parween wife of Md. Ahsan, aged about 31 years, resident of Line Mohalla, Rahamat Chowk, Chatra, P.O- Chatra, P.S-Chatra, DistrictChatra, Jharkhand. … Petitioner(s).

Versus

The State of Jharkhand.

The Revenue Secretary, Project Building, H.E.C. Hatia, P.ODhurwa, P.S- Dhurwa, District-Ranchi, Jharkhand.

Deputy Commissioner, Chatra, P.O- Chatra, P.S-Chatra, District Chatra, Jharkhand.

Land Reforms Deputy Collector, Chatra, P.O-Chatra, P.SChatra, District- Chatra, Jharkhand.

Circle Officer, Chatra, P.O- Chatra, P.S-Chatra, District Chatra, Jharkhand.

Md. Junaid Khan son of late Md. Idrish Khan, aged about 65 years, resident of-Auwal Mohalla, Chatra, P.O. Chatra, P.S. Sadar Chatra, District Chatra, Jharkhand.

Noor Jahan Begum daughter of Abdul Wahid Khan, resident of-Auwal Mohalla, Chatra, P.O. Chatra, P.S. Sadar Chatra, District- Chatra, Jharkhand.

Shamima Khatoon wife of Matiur Rahman, resident ofAuwal Mohalla, Chatra, P.O. Chatra, P.S. Sadar Chatra, District- Chatra, Jharkhand. … Respondent(s).

CORAM : SRI ANANDA SEN, J.

For the Petitioner(s) : Mr. Jorong Jedan Sanga, Advocate Mr. Randhir Kr. Sharma, Advocate Ms. Angel Khalkho, Advocate For the State : Mr. M. K. Dubey, AC to AG

03 / 13.05.2026 : Heard the learned counsel representing the petitioner and the learned counsel representing the respondents.

2. In this writ petition, the petitioner has made the following prayers:

“i) For issuance of an appropriate writ(s)/order(s) /direction(s) for quashing of the Order dated 17/10/2025 passed in Mutation Revision Case No.07/2025-26

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2026:JHHC:14576

(Annexure-4) passed by Deputy Commissioner, Chatra whereby and where under the Mutation Revision filed by the petitioner has been dismissed.

ii) For issuance of an appropriate writ(s)/order(s)/direction(s) for quashing of the Order dated 30/01/2025 passed in Mutation Appeal No.24/2023-24 (Annexure-3) passed by Land Reforms Deputy Collector, Chatra whereby and where under the Mutation Appeal filed by the petitioner has been dismissed.

iii) For issuance of an appropriate writ(s)/order(s) /direction(s) for quashing of the Order dated 19/08/2023 passed in Mutation Case No.787/2023-24 (Annexure-2) passed by Circle Officer, Chatra whereby and where under the Mutation Case filed by the petitioner has been dismissed.

iv) For issuance of any other writ(s)/order(s)/direction(s) appropriate as Your Lordship may deem fit and proper for doing conscionable justice to the petitioner.”

3. The petitioner challenges the orders dated 17.10.2025, 30.01.2025 and 19.08.2023 which are the orders passed by the three authorities against the petitioner.

4. As per the learned counsel for the petitioner the application of mutation has been wrongly rejected, so are the appeal and the revision application.

5. After hearing the parties, I find that three authorities have rejected the claim of the petitioner by a reasoned order. The entire issue relates to title over the land in question and possession. Title and possession cannot be decided in a mutation proceeding nor in a proceeding under Article 226 of the Constitution.

6. Thus, the petitioner is directed to approach the Civil Court of competent jurisdiction by filing a suit.

7. Once a suit is filed and if there is any threat of his dispossession, it will be open to the petitioner to file an application under Order XXXIX Rule 1 and 2 of the CPC.

8. It is made clear that after the decree is passed by the competent Civil Court, the land will be mutated in the name of the person in whose favour the decree is passed.

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2026:JHHC:14576

9. Accordingly, this writ petition is disposed of .

10. I.A. No. 6003 of 2026 also stands disposed of.

(ANANDA SEN, J.)

13.05.2026 Tanuj/CP-2

Uploaded on 15.05.2026

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