Jitendra Kumar Bhelloriya v. The State of Bihar
Case brief
What is this about?
Patna High Court, CWJC No.13573 of 2024, decided 09-09-2024 by Harish Kumar, J. Petitioner Jitendra Kumar Bhelloriya challenged Circle Officer, Guraru's order dated 01.11.2023 rejecting mutation of 5.5 decimal land purchased vide Sale Deed no. 2158 dated 28.01.2023 from Shamin Shah, and sought removal of private respondents (Ramchandra Das, Phulchand Das) allegedly encroaching on his raiyati land. Petition disposed of on alternate-remedy grounds: appeal lies under Section 7(1) of the Bihar Land Mutation Act, 2011 before Deputy Collector Land Reform, Tekari (four-week window, reasoned and speaking order directed); encroachment grievance referable to District Magistrate, Gaya. Keywords: mutation, alternate remedy, Bihar Land Mutation Act 2011, Article 226, raiyati land, encroachment, Circle Officer Guraru, Deputy Collector Land Reform Tekari.
What did the court decide?
Writ petition disposed of with liberty to the petitioner to prefer an appeal against the impugned mutation order before respondent no.6, Deputy Collector Land Reform, Tekari, Gaya, preferably within four weeks, to be decided by a reasoned and speaking order; liberty to approach the District Magistrate, Gaya regarding the alleged encroachment grievance.