Shantanu Kumar Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Shantanu Kumar Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed off with the observation that the Circle Officer is under statutory obligation to dispose of the petitioner's objection in accordance with the Bihar Land Mutation Act, 2011 (hearing of parties and disposal of the objection being mandatory under Sections 6 (2) and 6 (4)).

Issue for consideration

Whether the petitioner's objection petition dated 03.07.2024 in Mutation Case No. 582 of 2024 must be taken note of, and disposed of, by the Circle Officer under the Bihar Land Mutation Act, 2011 (petitioner sought its expeditious disposal).

Court's answer

Under Section 6 (2) of the Bihar Land Mutation Act, 2011, the Circle Officer is obligated that on receipt of an objection he shall give reasonable opportunity to the parties concerned to adduce evidence, if any, and of being heard, and shall dispose of the objection and pass such order as he deems fit.

Ratio / Principle

Under Section 6 (4) of the Bihar Land Mutation Act, 2011, in cases where objections have been received no order shall be passed unless the parties have been given reasonable opportunity of being heard.

Key takeaways

The writ petition stands disposed off, the Circle Officer being under statutory obligation to dispose of the petitioner's objection in terms of the provisions of the Bihar Land Mutation Act, 2011.ratio¶22

Detailed headnote1 paragraphs

Patna High Court (Harish Kumar, J), oral order dated 12-08-2024 in Civil Writ Jurisdiction Case No.11912 of 2024: the petitioner, whose ancestral land (Jamabandi No. 114, Mauja-Mukhbira, Khesra No. 2028; previous Jamabandi No. 114 (37), Mauja-Sadipur, Kasim Bazar, Munger) stood unpartitioned in the joint family name and was the subject-matter of pending Title Suit No. 49 of 2019 (Sub Judge-3), objected to respondent no. 5's mutation application (Mutation Case No. 582 of 2024) arising from a recently executed sale deed, and sought expeditious disposal of his objection petition dated 03.07.2024. The Court held that Sections 6 (2) and 6 (4) of the Bihar Land Mutation Act, 2011 statutorily obligate the Circle Officer, on receipt of an objection, to afford the parties reasonable opportunity to adduce evidence and be heard, to dispose of the objection as deemed fit, and forbids passing any order in an objected-to case without such opportunity. Accordingly, the writ petition was disposed off with the Circle Officer bound to deal with the objection per the Act. No precedent cases were cited; no dissent.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11912 of 2024

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Shantanu Kumar Singh Son of Late Girish Nandan Prasad Singh, Resident of Bhelan Bazar, P.S. Munger, District- Munger.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reform, Government of Bihar, Patna.

The District Magistrate, Munger.

The Additional District Magistrate (Revenue), Munger.

The Circle Officer, Sadar Block, Munger.

Jitendra Kumar, Son of Sitaram Sharma, Resident of Mohalla- Sadipur, P.O.Munger, P.S.- Kasim Bazar, District- Munger.

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Shankar Kumar Choudhary, Advocate For the Respondent/s : Mr. S M Raees, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 12-08-2024 Heard the parties.

The grievance of the petitioner is only confined to

the expeditious disposal of his objection petition dated 03.07.2024 filed in Mutation Case No. 582 of 2024.

Learned Advocate for the petitioner contended that the ancestral land of the petitioner situated over Jamabandi No. 114, Mauja-Mukhbira, Khesra No. 2028, having previous Jamabandi No. 114 (37) situated in Mauja-Sadipur, Kasim Bazar, Munger have been coming in the name of joint family of the petitioner since long and has not been partitioned as yet. Further Title Suit No. 49 of 2019 is pending in the Court of learned Sub Judge-3 with respect to the land under dispute.

Patna High Court CWJC No.11912 of 2024(2) dt.12-08-2024 2/2

Recently the petitioner has come to know that respondent no. 5 got a sale deed executed in his favour and on the basis thereof, he filed mutation case before the Circle Officer. The petitioner having come to know about the aforenoted facts filed an objection in the Mutation Case No. 582 of 2024.

Seeking direction on behalf of the petitioner that the mutation case must not be decided without taking note of his objection is wholly unfounded as Section 6 (2) of the Bihar Land Mutation Act, 2011 obligates the Circle Officer that on receipt of an objection, the Circle Officer shall give reasonable opportunity to the parties concerned to adduce evidence, if any, and of being heard and shall dispose of the objection and pass such order as he deems fit. Further Section 6 (4) clearly stipulates that cases in which objections have been received, no order shall be passed unless the parties have been given reasonable opportunity of being heard.

In view thereof, the writ petition stands disposed off. Undoubtedly the Circle Officer is under statutory obligation to dispose of the objection of the petitioner in terms of the provisions prescribed under the Bihar Land Mutation Act, 2011.

(Harish Kumar, J)

shivank/- U